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Port Burwell By-Laws 1995
Port Burwell By sLaws 100100' 141.11111•11 ti By-Laws # 95 - 0 1- 95 - 20 1995 The Corporation of the Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell, Ontario By-Law 95-01 Being a by-law to authorize a levy prior to the adoption of the annual estimates. WHEREAS Chapter M45 Section 159 of the Municipal Act, R.S.O. 1990, provides that the council of every local municipality may, prior to the adoption of the estimates, levy on the whole of assessment for real property and business assessment a sum not exceeding 50 percent of that which would be produced by applying to such assessment the total rate for all purposes levied in the preceding year on the residential real property and business assessment of public school supporters; AND WHEREAS Chapter M45 Section 159 of the Municipal Act, R.S.O. 1990, provides that the provisions of the Municipal Act with respect to the levy of the yearly rates and the collection of taxes apply mutatis mutandis to the levy of rates prior to the adoption of the estimates. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE VILLAGE OF PORT BURWELL ENACTS AS FOLLOWS: 1. That in each year prior to the adoption of the estimates there shall he levied an collected on the whole of the assessment for real property and business assessment according to the last revised assessment roll a sum equal to 5O% of that which would have been produced by applying to such assessment the total rate for all proposes levied in the preceding year on the residential real property and business assessment of public school supporters. 2. That in the year 1995 and in each succeeding year the taxes to be levied under this by-law shall become due and payable on the 27th day of January, but may be paid by instalments on. the 24th day of February, 1995, and the 21st day of April 1995, provided that where any due date or instalment date falls on a Saturday or Sunday or a statutory holiday the due date or instalment date as the case may he shall be the next succeeding day that is not a Saturday, a Sunday or statutory holiday, and provided that, upon failure to made payment of any instalment, the whole of the amount shall become due and payable. 3. That the Tax Collector shall, in the manner prescribed by sections 379 and 386 of the Municipal Act, R.S.O. 1990, mail or cause to he mailed to the address of the residence or place of business of each person taxed under this by-law a notice specifying the amount of taxes payable. � a 4. That the Collector and the Treasurer are hereby empowered and shall accept part payment as tendered from time to time on any taxes levied under this by-law. 5. That this by-law shall come into force and effect upon the date of its' final passing. Read a first and s aond tint is 1 h d.y of January, 1995. AP/ R7./ Adm. istrator/Cler4t-Treasurer Read a third "me and fi y passed on this loth day of January, 1995. gor .eve AJi • tistrator/Clerl-Treasurer The Corporation of the Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell, Ontario By-Law 95-02 Being a By-Law to authorize the Reeve and the Administrator/Vieth-Treasurer to enter into a Tri- Party Memorandum of Understanding with the Canadian Coast Guard and the Small Craft Harbours Branch of the Department of Fisheries and Oceans for the provision of navigation service at the entrance to Port Burwell Harbour WHEREAS the Municipal Act RSO 1990 c. M.45 Section 207, section 31 and 34 and; WHEREAS the Council of the Village of Port Burwell deems it necessary to enter into a Tri-Party Memorandum of Understanding with the Canadian Coast Guard and the Small Craft Harbours Branch of the Department of Fisheries and Oceans for the provision of navigation service at the entrance to Port Burwell Harbour. The Council of the Village of Port Burwell hereby directs the Reeve and Administrator/Cleriz- Treasurer to enter into the a Tri-Party Memorandum of Understanding as presented by the Canadian Coast Guard and the Small Craft Harbours Branch of the Department of Fisheries and Oceans.' f 1 . r' Read a first • • second time this ', i day of January, 1995. Ail '/ e - f -- • A • ' rator/C1er1e-Treasurer Read a third time and ... tbis�l'Llk� da of January, 1995. � y J � I Ar ... 1 ; .rlCferLe-Treasurer I I i • 2 r ' FAX *Amur P 0 Box 160, 9344 Plank Road -mummy ii— Straffordville, ON NOJ 1Y0 Phone (519) 866-5521 Fax (519) 866-3884 Email gayhamaDayharn on.ca Website www bayham on ca Date August 2$, 2000 No of Pages including cover sheet 7 From Maureen Beatty, AMCT, Co-ordinator of Planning/Deputy Clerk To Mark Conway. diplon Consulting Llmdted Fax (416) 229-4692 Re Bayham Harbour Study Marie, per your request on Friday attached is the only copy of the Tn Party "Memorandum of Understanding' I have been able to find this morning in the files. I'll keep looking, if I find a revised or partially executed version. I'll call you. Original Mailed ❑ URGENT Original Not Mailed +613925954a Cts+ FNS PITT F-996 T-2513 P-662,607 AUG 19 '94 14:46 4 44004 • MEMORANDUM OF UNDERSTANDING BETWEEN THE CANADIAN COAST GUARD , CENTRAL REGION AND SMALL CRAFT HARBOURS BRANCH OF DEPT . OF FISHERIES AND OCEANS AND THE CORPORATION OF THE VILLAGE OF PORT BURWELL CONCERNING NAVIGATION AT THE ENTRANCE TO PORT BURWELL HARBOUR +6139255540 CCG I16 PRESCOTT F-596 T-256 P-003/007 AUG 19 '94 14:46 S 1 .0 INTERPRETATION ,. 1 . 1 For the purposes of this Memorandum of Understanding (hereafter mentioned as HOU) , the following definitions shall apply: "Coast Guard" or "C.C.G. " - refers to the Canadian Coast Guard, 'Central Region, Transport Canada. "S.C.H. " - refers to Small Craft Harbours Branch, Department of Fisheries and Oceans "Village" - refers to the Corporation of the Village of Port Burwell , Ontario "Harbour" - refers to the area of waterway/land presently owned by S.C.H. Party - refers to any or all S.C.H. , C.C.G. and the Village. 2 .0 OBJECTIVES OF THIS M.O.U. To describe the responsibilities and roles of C.C.G. , S.G.H. and the Village associated with safe navigation for small craft into the harbour. These responsibilities include conditions to which all parties shall agree to initially reach a standard required by C.C.G. and the ongoing commitment to continue providing this level of service. Failure to do so by any party renders this M.O.U: null and void. 3. 0 INTRODUCTION Years of siltation has created a situation where there is virtually no safe access at chart datum from Lake Erie. Limited access can be possible with periodic dredging, however, the aids to navigation must clearly mark the available safe water . In addition , the West Pier is so silted in that navigation may never again be possible, near this site. As a result, this light must be changed from a navigational light to an obstruction marking light. The same can be said for the existing inner west pier light, however, there is no need to mark this site. The existing east pier light should not be operated! as a lateral aid to navigation. It can be operated simply as a headland light signifying the presence of Port Burwell Harbour. +E 139255540 COGPING PRESCDTT F-598 T-258' P-012W4a@7 ALG 19 '94 14:47 411 1 4. 0 This M.O. U. will describe the responsibilities of each part for the following items: 4 . 1 Outer West Breakwall Light 4. 2 Inner West Breakwall Light 4. 3 East Breakwall or '"Headland" light 4.4 Dredged channel specification and associated aids 4 .5 General 5. 0 OUTER WEST BREAKWALL LIGHT; COAST GUARD WILL - remove existing navigation light thereby removing its responsibility of operating a C.G. navigation aid. - provide on a one time only basis, electrical service and submarine power cable for the nearest connection point on shore to the structure on the seaward end of the pier. - connect power to the obstruction light provided by S. C.H. - transfer ownership of the tower and turn over key to S.C .H. - attend to public notification Notices to Shipping and Notices to Mariners. - all the above at C.G. expense except the new light provided by B.C.H . S.C.H. WILL - pay for obstruction light and assume ownership of same - assume ownership of existing light structure by acceptance of transfer from C.C.Q. - delegate responsibility and day to day operation and maintenance to the Village. VILLAGE WILL - accept and comply with conditions above - ensure obstruction light is active during dark hours of the navigation season -- respond to failures in a timely manner. 1 +6139255540 CCG PMS PRESCOTT F-596 T-250 P-005✓007 RUG 19 '94 14:47 411 5. 1 INNER WEST BREAKWALL LIGHT COAST GUARD WILL - discontinue its responsibility by removing the light and nearby tower - provide all public notification, Notices to Shipping and Notices to Mariners. - turn over main structure to S.G.H. by transfer . S.C.H . WILL - accept transfer and may turn over to the Village if they require such. - no other action required. VILLAGE - no action required. 5. 2 EAST BREAKWALL LIOF4T COAST GUARD WILL - provide, maintain and be responsible for the operation of this light and structure provided the conditions of Item 5• .21 are complied with S.G.H. - no involvement required Village - no involvement required 5 . 21 The provision of this light is based on the commitment by the Village to meet the following minimum requirements: - a straight channel is formed from Lake Erie to safe water into the Harbour . - channel must have a minimum depth of 5' at chart datum. - channel must have a minimum width of 40 feet. at least 2 lighted buoys on each aide of the channel must be placed and operated - changes in channel direction must be indicated by light buoys - the channel must lead from the a lake to good water off the east pier light. +5139255540 CCG rNS PRESCOTT F-598 T-256 P-006/007 AUG 19 '94 14:47 I 5 . 3 DREDGED CHANNEL COAST GUARD WILL - analyze sounding information submitted by village or other sources. - issue any public notification required. - conduct periodic surveys S.C.H. WILL - provide funding on a one time basis for four light buoys, complete with chains and anchors. - monitor sounding information - share dredging costs as per normal cost sharing agreements VILLAGE HAS RESPONSIBILITY FOR - monitoring and reporting channel conditions - informing C.C.G. of failure to inset conditions in Item 5 . 21 - placing, operating and maintaining all channel buoys including the costs of maintenance - ensuring buoys meet the Private Buoy Regulations of the Canada Shipping Act. - conducting an annual survey by April 15 of each year and providing same to C.C.G. 6 .0 GENERAL COAST GUARD - to provide technical and operational navigational expertise as required by the Village or S.C.H. 7 .0 FORCE MAJEURE Nothing in this M.O.U. shall prevent C.C.G. from reducing or eliminating Aids to Navigation service if C.C.G. considers the harbour to be unsafe. c . +6139255540 CCG 6 PRESCCTT F-598 1-258 P-007/80'7 AUG 19 "94 14:48 411 410 8.0 TERMINATION This agreement may be terminated upon written notice by any party within a minimum period to 6 months from receipt of notice. Signed this day of 1994. J . WHITAKER, REGIONAL MANAGER, MARINE NAVIGATION SERVICES, CENTRAL REGION SMALL CRAFT HARBOURS BRANCH , DEPT. OF FISHERIES AND OCEANS, BURLINGTON T . NESBITT, REEVE, CORPORATION OF THE VILLAGE OF PORT BURWELL .1.11.11111111.r: X6139255540 CC'G !1 S PRESCOTT F-5%' T'-225€ P-001/00 PUG ;4 '34 ;4:47 Ern anaaa C 3nac a ,, iiliP,Q• 1 14 LT014 IN: 11vi,) Ate 4 Tjs, ..,„ Gi 4/4 . , .h,' 40 • Der -DJ} PRESCOTT Aic1 J Flu No dr 0 gACSIWLE TRANSMITTAL FORM-BORDBREAU DE TRANSMISSION POUR TIELIDOPIEUR Pleoponsibilv No.-+r d.Mom►raaw+ Fran-Co Nem-Nom Symbol e1 _ Sritess dWregfirileher% / hi- . SObi r , rc 7,yp W4 -Um re- {Ms+�- , t0---- �d adrmrwr Wa. 7tr 04444.14.,ivi,:r. ff Clan.d. Q Q Caelidowlei CI IftilIgesd sa.ur+► aui:aoro-inlitMallons sp'°".a r ke Plo 1.1 • I 0.-f pAINA— - *moo oriermemee ci. c. ,6494eck...,er y k 1 a s /,4CArE fry," 40 Fri C/f4 dS Void' I. w 4 'a L 11f►- 1e /1iAf 04 r1 Ii 0e, 5Af?/,f or , O 'Ijcdfe" " 1-0///74,6•4 ' - . iC3.a, ;irt*i4iGn I. -Pelearide Traumas Carel Fa/ 'Vic-POO allis**Gwr Witipsm AAA....... .......a feespegs.r.tieekie ie worice Clew aan,rrut,rc CA 112 ' ------------- +6139255540 CCG PRESCOTT F-101 ?a P-002 10u B7 "94 13145 j: - Ill Canathan Garde obbbre Coast Guard canadian+ LO"\ese.-Lerlii. . P. 0. Box 1000,Prescott, Ontario. KOE 1T0 November 7 , 1994 row m► vim Alimnas CV offe 'lora 4PYa+ 8010-1510 Mr . David R. Free, Administrator/Clerk-Treasurer, The Corporation of the Village of Port Burwell , P. 0. Box 10 , Port Burwell , Ontario. NOJ 1 TO Dear Sir: RE: PORI BURWELL UPDATE As you are aware, this office prepared a Memo of Understanding concerning the future operation of the harbour navigation aids . To date, Small Craft Harbours have not responded, although in a letter to the village, I note they acknowledge certain parts of it. I would assume your latter of November let , 1994 to Smell Craft Harbours is an attempt to obtain a commitment from them and that the Village is willing to sign the M.O. U. I also note second reading of intent to repeal the by-law concerning your existing agreement with S.C.H. It is still the intent of Coast Guard to proceed with the responsibilities set out in the M.O.U. provided the village and S.C.H. are signatories. I understand S.C.H . are reluctant to sign the M.O.U . and may prefer to agree by series of letters, which is acceptable by Coast Guard as long as the conditions stated in the M.O.U. are met. I would like to see some concrete action before going any further. Time is running short to order the required buoys which - will enable us to have them ready for next season. We expect to have the Outer West Pier floodlights installed within a month and will turn them over to S.C.H. after that, assuming they accept same. Yours er truly , H.S . (-_-.,;v J© es, Supervisor , Marine Aids Operations , Prescott Bass. cc : G. Enei - SCH. EHAB - Sarnia. EMMYa�tburg. ;MALL CRAFT HARBOURS TEL :416-639-5975 Oct 04 '94 16 :37 No .009 P .02 Flahee Pais and Oceans et 0c4ans C) 67 IMO Si...,,e bra,min Immo ' ■ob lbw Nib&r.Crew w w r►r.riew via/lespomm Mord NV,limbs Mr.w, low ar Ulm abeempl PA.Willa CP.ellGi M lnrb arbaam Or.w \ tt wit +gee.#Fnte La MN ici \ 40140110~sb..r TO air a- u N D rem MN++-a+- 4 October 1994 Mr. Tom Nesbitt, Reeve Village of Port Burwell P.O. Box 10 Part Burwell Ontario NOI ITO &Web Port Burwell Harbour Dear Ram,* Nehsbitt: Thank you for your telampier dated September 28, 1994 concerning Port Burwell harbour. we an disappointed to learn of the Vi rage'i planned by-law to discontinue managing the facility. We emcounge this type of management armrtgernesht u we believe the local municipality is better equipped to respond to the public's use of the harbour. As this dike resparisilpk for aver 403 locations in this province alone, it is extremely difficult to be familiar with the day to hay happenings at any one location. It is hoped that the Village will reconsider the by-law in light of the positive working relationship between the Village and Small Craft Harbours. The issue of navigation aids at the entrance has also been the subject of numerous 'discussions. This will confirm our understanding of the situation. awascallawel 1. SCH will purchase and supply two lighted buoys (at a cost of$5,000 each) and two marker buoys (at a cost of$250 each). 2. The Village will be regonaible for monitoring of the entrance channel and adjusting the buoys as necessary. 3. The Village will be =plausible for maintenance of the buoys, However should this prove too burdensome, SCH may assist the Village, funding pa.mit ic int. 4,. The CCO will supply the above and conduct the initial placement Canada .SMALL CRAFT ARBOURS TEL :416-639-5975 Oct 04 '94 16 :38 No .009 P .03 Pests Btu Harbor. ! 2 1 . YffilLaifiklialcr 1. CCO to arpply and install submarine cabk to power two 'fked lights' to mark end of bsesalrwater. 2. SCH will purchase and supply two 'flood lights' (at a cost of $1,000 e ) for installation by CCO. 3. The Villsg,9e will be moble; for hydro consumption costs. To reiterate put discussions and correspondence, Small Craft Harbours ii prepared to assist dr Village with maintenance dredging, on a 50/50 goat-shared basis, subject to the availability of funding. Port Burwell is no different than other nasties under our administration, and as you are aware, we have assisted the Village an several occasions when maintenance (hedging requirements waxe idattificd. Should you have any questions concerning the above, please do not hesitate to contact this office.. Yours truly AI. T1 D.o. Blanchard c.c. Mr. 0. Knutson, M.P. Mr. H. Jonas, CCO i DRAFT PLEASE COMMENT November 1, 1994 Department of Fisheries and Oceans Box #85120 3027 Harvester Road Burlington ON L7R 4K3 Attention: Mr. George Enei 31? Dear Mr. Enei: Piel Considering the fax letter received in o office dated October 4, 1994 we are concerned that you have not addressed the Memorandum of Understanding (MOU) as provided by the Canadian Coast Guard, August 19, 1994. Based upon the additional details provided in the above said letter it would seem appropriate and advisable that all parties commit themselves to a document in order to avoid confusion in the future with respect to responsibilities of each party. If there is a specific reason that why the MOU should not be considered please provide your input in order that this matter can he resolved or addressed. It is fruutless to perpetuate correspondence in a matter which is between two agencies within the Federal Government structure when this can he resolved lay existing legislation and direction from your Minister. We would like this matter corrected otherwise our only recourse is to repeal the bylaw per our previous correspondence dated September 28, 1994. It is unfortunate that we must take these steps, however we area small municipality with limited means and we cannot accept your shift in responsibilities for which the federal government has in the past accepted. • i a We are always available for discussions of these matters.. Sincerely yours David R. Free Administrator/Clerk-Treasurer cc Council of the Village Port Burwell G. Knutson • �flF PCIAr eo, THE CORPORATION OF THE ip VILLAGE OF PORT BURWELL 41 C- ,461. P. O. Box 10, Port Burwell, Ontario N0J ITO �, telephone (519)874-4343 • fax (519)874-4948 4,00E" PQRT(S REFUG'04 • February 14, 1995 Canadian Coast Guard Port Office Box #1000 Prescott ON KOE 1TO Attention: Mr. Hugh Jones Dear Mr. Jones A.per your request please find enclosed a copy of the resolution introducing our By-Law 95-02, and a certified copy of the same and a copy of the minutes of the meeting at which this by-law was passed. The copies of the Memorandum of Understanding have been forwarded to your agency for certification. I trust that you will find the attached in order and if you should have any further questions please feel free to call. Youn truly N ;'°•. res, CET AMCT(A) ministratorJClerh-Treasurer Encls, David R. Free, CET, AMCT(A) • Adr*anist atar/Cleric-Treasur 1 Canadian Garde cOtiere Coast Guard canadienne Canadian Coast Guard vv R,. Van riMnioce P. 0. Box 1000, Prescott, Ont. (x..,we Norge KOE 1 TO 1996 August 20 di'or Mr. T. Nesbitt, Reeve, -- Village of Port Burwell, POBox 1O, Port Burwell, Ont. i� NOJ 1TO7 E Dear Sir, Examination of the after dredging survey indicates that there is sufficient water in the inner harbour of Port Burwell, at the time of the survey, for safe small craft navigation. This letter is to inform you that the Canadian Coast Guard will determine the best position for the two discus light buoys provided by Small Craft Harbours and position same. At that time these buoys will be considered to be turned over the village of Port Burwell in accordance with the a reem nt between the Small Craft Harbours and Coast Guard branches of DFO and the village o o urw The vi tro-f Dort eurwurr-WITITle for the operation and maintenance these light buoys and the unlighted buoys (2) also being turned over to the village. fA Coast Guard vessel is tentatively scheduled for the first week in September to place these buoys For your information the solar and light equipment in the light buoys was provided and installed by `Light Wave Options", 6 Maplewood Circle, Brockville, Ontario K6V 1 N4 Mr Ron Bryenton is the individual you should ask for. It is strongly recommended that the village actively monitor silting within the harbour, relocate any or all buoys to indicate safest channel (deepest water) and carry out dredging as necessary for channel maintenance in support of safe navigation. The recommended minimum depth is 6 feet of water during the boating season. The east pier title transfer of April 1993 included the Port Burwell East Pier light, ; L.L. 583 of the Canadian Coast Guard publication "Inland Waters List of Lights. Buoys and Fog Signals`. The village of Port Burwell is, therefore. responsible for Canada' Made from rectwe'00 rnetendis Fief de parsers recupeMe f4,XX/ Q /la the operation and maintenance of this marine navigation aid. Please note that the Coast Guard will no longer pay for hydro power for the East Pier light commencing a date being determined by Mr. David Free, Village Clerk, and the Acting Supervisor Marine Technicians Prescott. Due to the speed of silting in your harbour and fluctuations in channel course (deepest water) this light should not be changed from the yellow "cautionary" colour as established by the Canadian Coast Guard Should the light, or light buoys, become extinguished or showing improper characteristics (broken lens resulting in white light) and can not be corrected immediately a Notice to Shipping should be initiated through the CCG Operations Center (Notship desk) in Sarnia at 1-844-265-4237 Provide name and telephone number of caller and the name, list of lights number and other pertinent data to correctly identify the navigational aid. When the outage is corrected the Center must be notified promptly to permit cancellation of the Notice to Shipping. The Notice to Shipping Is broadcast to mariners on marine frequencies and will help protect the village's liabilities should an navaid be malfunctioning, off position, relocated due to silting, etc. This office should be notified about any permanent changes to permit amendments to charts and publications. The Canadian Coast Guard will no longer be responsible for the operation, maintenance and liabilities for these marine aids to navigation upon establishment of the light buoys. It is requested that council acknowledge the above by return letter. Should you ever have any queries or require assistance in determining channel marking please feel free to contact the undersigned We wish you every success with your harbour Yours truly 7 r / /4' �I Steven D Lear Supervisor, Marine Aids Program Canadian Coast Guard, Prescott Canadian Garde cOh ere Coast Guard canadenne tr 4 • P. 0. Box 1000, PRESCOTT, Ontario. Yaw hie WovevMrwve KOE 1TO s Our nw worn.~Ice February 12, 1996 Small Craft Harbours Branch, 8010-1510 Fisheries and Oceans, P. O. Box 85120, of PORT g,0A 3027 Harvester Road, Burlington, Ontario. / -• L7R 4K3 " . 'f 1,313 Attention: Mr. Marchello Panichone. _ ,fes Dear Sir: �� ' „i TRI-PARTY MEMORANDUM OF UNDERSTAND ING - VILLAGE OF PORT ALL This subject has been dormant for some time and I would like to bring you up to date from the Coast Guard perspective. The final version of the M.Q.U. has passed through the department of Justice and, from a Coast Guard view, we are prepared to sign this document (copy attached) when we receive an after dredging survey of the harbour and its approach area. This is, of course, assuming the results indicate the minimum dredging parameters are confirmed, as stated in paragraph 5. 4 of the M.O.U. Also based on that confirmation, we will reactivate the "headland' light as in paragraph 5. 3 and conduct the initial installation of the light and unlighted buoys as mentioned in paragraph 5. 4 A. (iv) and B. (i) . We will also issue the appropriate Notices to Mariners. The two lighted buoys are nearing completion and I expect delivery shortly. As per our agreement, S.C. H. /C.G. , we will invoice S.C.H. for 10K with the remaining 5K to be absorbed by C.C.G. Canadalade iron recovered maTefais Fait de papers rec-Oates 0095 107 90p 2 _ Upon the tri-party signatures, all buoys will become the property and operational responsibility of the Village. I would like our technicians to meet with the Village representative to explain the operation and maintenance of the headland light and buoys at the time of installation/reactivation. In summation, we are ready to proceed with the signing of the M.O.U. and will proceed with buoy installation and headland light reactivation upon receipt of an official after sounding survey. We will hold the buoys in our yard for the time being. I trust that Small Craft Harbours and the\.Y .lage will find this acceptable. Yours very truly, 1 1 lir ..1.o•3 H. S. Jones, Aids Operations, Prescott Base. Encl . 'Cc: Reeve Nesbitt, Village of Port Burwell. A. Dion - EMOAB. `AGREEMENT IN PRINCIPLE FOR THE PROVISION OF NAVIGATION SERVICE AT THE ENTRANCE TO PORT BURWELL HARBOUR BETWEEN HER MAJESTY THE QUEEN IN RIGHT OF CANADA, as represented by the Department of Fisheries and Oceans, Canadian Coast Guard (hereinafter "Coast Guard" ) • and HER MAJESTY THE QUEEN IN RIGHT OF CANADA, as represented by the Department of Fisheries and Oceans, Small Craft Harbours Branch (hereinafter "Small Craft Harbours" ) and THE CORPORATION OF THE VILLAGE OF PORT BURWELL (hereinafter "Port Burwell" ) WHEREAS years of siltation have created a situation in which there is currently very limited safe access at chart datum from Lake Erie to the harbour at Port Burwell ; AND WHEREAS limited access may be possible with periodic dredging, but the West Pier is so silted in that navigation without ongoing maintenance may never again be possible near this site; AND WHEREAS the Parties to this Agreement in Principle desire to take such steps as are currently feasible within budgetary restrictions to continue to provide for the safe navigation of small craft into Port Burwell harbour, so long as this may be accomplished in conditions which the Coast Guard considers to be safe; AND WHEREAS the Coast Guard is willing to undertake the continued provision of its services as an alternative to withdrawing them, only so long as it judges the conditions to allow for the safe navigation of small craft into the harbour; AND WHEREAS the Parties agree that the West Pier ' light must therefore be changed from a navigational light to an obstruction marking light ; ' AND WHEREAS the Parties agree that the existing East Pier light should not be operated as a lateral aid to navigation, but may be operated as simply a headland light signifying the presence of Port Burwell harbour; AND WHEREAS the Parties wish to enter into this Agreement in Principle to reflect and confirm the understandings reached between them with regard to their respective roles and responsibilities associated with the continued provision of services designed to ensure the safe navigation of small craft into Port Burwell harbour; NOW THEREFORE, THIS AGREEMENT IN PRINCIPLE WITNESSETH THAT: 1 . Effective Date This Agreement in Principle will take effect on , 1996, and will remain in effect until terminated in accordance with Paragraph 2 . 2 . Termination This agreement may be terminated by the provision of written notice by any one of the Parties to the other two Parties . Such termination will be effective 6 months after the date of receipt of the written notice by the other two Parties . 3 . Residual Discretion of Coast Guard The Parties agree that the Coast Guard retains a residual discretion to immediately remove its service, with proper notice to potential users, if it at any time in its sole judgment determines the entrance to the harbour to be unsafe . 4. Responsibilities The . respective responsibilities of each Party arising from this Agreement are described in the following items: 5. 1 Outer West Breakwall Light 5 . 2 Inner West Breakwall Light 5 . 3 East Breakwall or "Headland" Light 5 . 4 Dredged Channel specification and associated aids 5 . 5 General 5.1 Outer West Breakwall Light (L.L. 580) The Parties agree that their objective regarding this light is to change it from an aid to navigation to an obstruction light . To meet this objective, the Parties agree to assume the following responsibilities : A. The Coast Guard will, at its expense : (i) remove the existing navigation light (ii) provide, on a one-time only basis, electrical service and a submarine power cable from the nearest connection point on shore to the structure on the seaward end of the pier (iii) connect power to the obstruction lights to be provided by Small Craft Harbours (iv) transfer responsibility for the tower to Small Craft Harbours (v) attend to the requisite public notification by means of Notices to Shipping and Notices to Mariners . B. Small Craft Harbours will , at its expense : (i) provide the obstruction lights, and assume future overall responsibility for them (ii) assume responsibility for the existing light structure, on the understanding that the responsibility for the ordinary operation and maintenance of the light will be undertaken by Port Burwell . C. Port Burwell will, at its expense : ( i) accept responsibility for the ordinary operation and maintenance of the light (ii) ensure that the obstruction light is active during dark hours during the navigation season (iii) respond to light failures in a timely manner . 5 .2 Inner west Breakwall Light The Parties agree that their objective with regard to this light is to remove it . To meet this objective, the Parties agree to assume the following responsibilities : A. The Coast Guard will, at its expense : (i) remove the light and nearby foghorn tower (ii) provide the relevant and appropriate public notification by Notices to Shipping and .Notices to Mariners (iii) transfer responsibility for the main structure to Small Craft Harbours . B. Small Craft Harbours will : (i) accept responsibility for the structure . 5 . 3 East Breakwall or "Headland" Light The Parties agree that their objective with regard to this light is to provide for its continued operation to signify the presence of Port Burwell harbour. The Parties further agree that the continued provision 'of this light by the Coast Guard will only occur if Port Burwell meets the requirements specified in this section . To meet this objective, the Parties agree to assume the following responsibilities : A. The Coast Guard will , at its expense : (i) provide and assume responsibility for the operation and maintenance of this light , on the condition that the pier is structurally sound and that Port Burwell continues to meet its obligations as specified below. B. Port Burwell will , at its expense : (i) ensure that a straight channel is provided from Lake Erie to safe water in the harbour (ii) ensure that the channel has a minimum depth of 5 feet at chart datum (iii)ensure that the channel has a minimum width of 40 feet (iv) place , operate and maintain one light buoy and one reflective unlighted buoy on each side of the channel (v) indicate any changes in channel direction by light buoys . 5.4 Dredged Channel The Parties agree that their objective with regard to the dredged channel is to provide for the safe passage of small craft into this harbour. To meet this objective, the Parties agree to assume the following responsibilities : A. The Coast Guard will , at its expense : (i) analyze the sounding information submitted to it (ii) issue any public 9ification required (iii) conduct periodic surveys (iv) provide, on a one-time basis, two reflective unlighted buoys complete with anchors and chains . B. Small Craft Harbours will , at its expense : (i) provide funding to Port Burwell , on a one-time only basis, to procure two light buoys, complete with anchors and chains (ii) monitor the sounding information (iii) share the costs of dredging the channel with Port Burwell as its funding and departmental priorities permit . C. Port Burwell will , at its expense : (i) monitor and report on channel conditions (ii) immediately inform the Coast Guard of its inability to meet any of its obligations specified at paragraph 5 . 3 (B) (iii)place, operate and maintain all channel buoys to Coast Guard standards (iv) ensure that the buoys meet the standards required by the Private Buoy Regulations under the Canada Shipping Act (v) conduct an annual sounding survey by April 15 of each year, and provide the results to the Coast Guard. 5.5 General The Coast Guard agrees to provide such advice based on its technical and operational navigational expertise as may be requested by Port Burwell or Small Craft. Harbours . 6 . Indemnity Port Burwell agrees to indemnify and save harmless the Coast Guard and Small Craft Harbours from and against all claims and demands, losses, costs, damages, actions, suits or other proceedings, by whomsoever made, brought or prosecuted in any manner attributable which directly or indirectly results from the Coast Guard having executed this Agreement . 7. Amendments The Parties agree that amendments to this Agreement may be made with the consent of all of the Parties and may be approved by such persons as may be designated by the signatories to this Agreement . CANADIAN COAST GUARD, DATE CENTRAL & ARCTIC REGION, DEPARTMENT OF FISHERIES AND OCEANS SMALL CRAFT HARBOURS BRANCH, DATE CENTRAL REGION, DEPARTMENT OF FISHERIES AND OCEANS - - REEVE, DATE CORPORATION OF THE VILLAGE OF PORT BURWELL David R. Free From: Suzanne Mantel Sent: Friday, August 30, 1996 3 16 PM To: David Free Subject: Jeff Fortier Coast Guard Did council formalize takeover of navigational lights at council meeting. Please call 613-925-2865 ext 246 or speak with Dennis Hoover Page 1 461392=540 CCG mN5 PREWOTT P_310 T-31:, P-001 Fite 20 "% 1'3.06 • 19 Canadian Gana,eddiet Coast Guard- awakens,,,, Canadian Coast Guard ' t. 0 Dox 1000, •� ... .. Prescott. Ori 1. KOL 1 Tt 4 r 1996 August 20 Mr. T Nesbitt, Reeve Village of Port Burwell. P. 0. Box 10. Port Burwell, Ont NOJ 170 Dear Sir; Examination of the after dredging survey indicates that there is suffiicient water in the inner harbour of Port Burwell at the time of the survey, for safe small craft navigation. This lettet is to Inform you that the Canadian Coast Guard will determine the best position for the two discus fight buoys provided by Small Craft Harbours and position same At that time these buoys will be considered to be turned over the village of Port Burwell in accordance with the agreement between the Small Craft Harbours and Coast Guard branches of DFO and the village of.Portunwell. The village of Port Burwell will then be responsible for the operation and -iritenance these light buoys and the unlighted buoys (2) also being turned over to the village A Coast Guard vessel is tentatively scheduled Tui the flrSt week in September to place these buoys For your information the solar and light equipment in the fight buoys was provided and installed by 'Light Wave Options', 0 Maplewood Circle. Brockville, Ontario K6V 1N4 Mr. Ron Bryenton is the individual you should ask for it is strongly recommended that the village actively monitor sitting within the harbour, relocate any or all buoys to indicate safest channel (deepest water) and carry out dredging as necessary for channel maintenance in support of safe navigation r he recommended minimum depth is d feet of water dunng the boating season The east frier title transfer of April 1993 included the Port Burwell East Pier light, L L 583 of the Canadian Coast Guard public tion inland waters Li*t of Lag ht3, Buvys and hog Signals' The village of Port Durweil in. therefore. responsible for ,r nada WO.nt'Xr,recovers,/niter it Fait oe r -. *P1392:71_540 CO3 r1-15 PRESCOTT P-310 T-]1.7 P-002 q 20 '96 11;E76 the operation and maintenance of this marine navigation aid Pl'easc note that the Coast Guard will no longer pay for hydro power for the East Pier light commencing a date being determined by Mr David Free, Village Cleric, and the Acting Supervisor Marine Technicians Prescott Due to the speed of silting in your harbour and fluctuations in channel course (deepest water) this light should not be changed from the yellow 'cautiunary colour as established by the Canadian Coes4 Guard Should the light, or light buoys, become extinguished or showing improper characteristics (broken lens resulting in wtli'te light) and can not be corrected immediately a Notice to Shipping should be initiated through the CCG Operations Center (Notship desk) in Sarnia at 1-8O0-295-0237 Provide name and telephone number of caller and the name, list of lights number and rather pertinent data to correctly identify the navigational aid When the outage is corrected the Center must be notified promptly lu permit cancellatinn of the NOtiC* to Shipping. The Notice to Shipping Is bivadcast to marire rs nn marine frequencies and will help protect the village's liabilities should an navaid be malfunctioning, off position, relocated due to silting, etc This nffice should be notified about any permanent changes to permit amendments to charts and publications. The Canadian Coast Guard will no longer be responsible for the operation, maintenance and liabilities fur these marine aids to navigation upon establishment of the light buoys, It is requested that council acknowledge the above by return letter. Should you ever have any queries or require assistance in determining channel marking please feel free to contact the undersigned. We wish you every success with your harbour. Yours tru 4/40,01I Steven D. Lear Supervisor, Martine Aids Prneram 1 Canadian Coast Guard. Prescott IIPPrjr The Corporation of the Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell, Ontario By-Law 95-03 Being a by-law prescribing a tariff of fees for the processing of applications made in respect of planning matters. WHEREAS the Planning Act, RSO 1990 c. P. 13 s. 69 enables the Council of the Village of Port Burwell to prescribe a tariff of fees for the processing of applications made in respect of planning matters; AND WHEREAS Section 68 of the Planning Act restricts the tariff to meet only the anticipated cost to the full the processing,ef each type of application provided for in the tariff; NOW THEREFORE, the Council of the Village of Port Burwell enacts as follows: 1.0 THAT the tariff praamberl in this By-law shall apply to cover the anticipated costs incurred by the Village of Port Burwell in processing the following applications made in respect of the Planning Act, RSO 1990, c. P. 13; 1.1 an 'Amendment' application to the Village of Port Burwell Official Plan in accordance with Section 21 of the Planning Act, shall be a fixed cost of $1,500.00. 1.2 an 'Amendment'application to the Village of Port Burwell Zoning By-law in accordance with Section 34, Section 35, Section 36 or Section 38 of the Planning Act, shall be a fixed cost of$1,000.00. 1.3 an application for a'Minor Variance'to the Village of Port Burwell Zoning By-law in accordance with Section 44 of the Planning Act, shall be a fixed cost of$ 500.00. 1.4 a 'Consent' application in accordance with Section 49 of the Planning Act, RSO 1990, c. P. 13 shall be a fixed cost of$500.00. f 1.5 an application for a 'Site Plan and Site Plan Agreement' in accordance with Section 40 of the Planning Act, RSO 1990, c. P. 13 and municipal bylaws. 1.6 an extension or enlargement of a building or structure or a change in the use of land, buildings, or structures in accordance with Section 44 of the Planning Act, RSO 1990, c. P. 13. 1.7 a 'Plan of Subdivision' application in accordance with Section 50 of the Planning Act, RSO 1990, c. P. 13. 1.8 a 'Temporary Use Bylaw" application in accordance with Section 39 of the Planning Act, RSO 1990, c. P. 13 shall be a fixed cost of$1,500.00 not excluding subsidiary costs and fees with respect to Section 1.4 of this bylaw. 2.0 THAT the tariff shall apply to the following municipal functions in the processing of an application listed in Section 1. 2.1Prelinliaary review of the subject application (including the preparation of written reports and maps, site visits, and meetings) by the Village of Port Burwell Planning Consultant and/or Solicitor where in the opinion of Council this is deemed necessary or desirable; 2.2 Public meetings as required under the Planning Act; 2.3 Special meetings of Council, where deemed necessary or desirable either by Council, or where requested by the applicant, in respect of the subject application. 2.4 Preparation of any required amendments or agreements in respect of the subject application by the Village of Port Burwell Planning Consultant, Solicitor or Clerk; 2.5Incidental expenses incurred in the processing of the subject application such as mailing costs, printing charges, and publication charges; 2.6 Preparation for as mighniance at an Ontario Municipal Board hearing by the Village of Port Burwell Planning Consultant and/or Solicitor in respect of the subject application. 2 3. The tariff of fees in processing applications in accordance with this By-law shall be fixed cost as prescribed in Section 1.0 of this bylaws or a combination of fixed fees and fees based on a time consumed basis in accordance with the following: 3.1 Planning & Engineering fees: Fees as charged by the Village Consultants 3.2 Legal fees: Fees as charged by the Village Consultants 3.3 Public and special meetings of Council $500.00 per meeting 3.4 incidental expenses and dis_byseernents Costs as incurred and verified by the municipal offices in the processing of the applications (postage, building rentals, advertising, photocopies, etc) 4.0 Notwithstanding the foregoing, Council or the Committee of Adjustment may reduce the amount of, or waive the requirement for the, payment of the fee in respect of an application where Council or the Committee is satisfied that it would be unreasonable to require payment in accordance with the tariff. 5.0 Prior to commencing the processing of any application listed under Section 1 of this By-law, the Village of Port Burwell shall require a minimum deposit in an amount not to exceed 41,500.00 to cover the anticipated costs to the Village of Port Burwell in processing the subject application, any remaining balance of which shall be returned to the applicant upon deduction of the fees incurred in processing the application pursuant to Section 3 of this By- law. This by-law hereby repeals any and all other by-law related to this matter. This by-law shall come into force and effect on the date of its passing. 3 Read a first and second time this 10th day of January, 1995. i A►!Nk oilgrat Re re rater/Cleric-Treasurer Read a third time and fin: ly passed this I1)th day of January, 1995. road I►` s eeve 4' A nistrator/CJerk-Treasurer 4 The Corporation of the Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell, Ontario By-Law 95-03 Being a by-law prescribing a tariff of fees for the processing of applications made in respect of planning matters. WHEREAS the Planning Act, RSO 1990 c. P. 13 s. 69 enables the Council of the Village of Port Burwell to prescribe a tariff of fees for the processing of applications made in respect of planning matters; AND WHEREAS Section 68 of the Planning Act restricts the tariff to meet only the anticipated cost to the full the processing of each type of application provided for in the tariff; NOW THEREFORE, the Council of the Village of Port Burwell enacts as follows: 1.0 THAT the tariff prescribed in this By-law shall apply to cover the anticipated costs incurred by the Village of Port Burwell in processing the following applications made in respect of the Planning Act, RSO 1990, c. P. 13; 1A an 'Amendment' application to the Village of Port Burwell Official Plan in accordance with Section 21 of the Planning Act, shall be a fixed cost of $1,500.00. '1.2 an 'Amendment' application to the Village of Port Burwell Zoning By-law in accordance with Section 34, Section 35, Section 36 or Section 38 of the Planning Act, shall be a fixed Cost of$1,000.00. 1.3 an application for a `Minor Variance' to the Village of Port Burwell Zoning By-law in accordance with Section 44 of the Planning Act, shall be a fixed cost of$ 500.00. 1.4 a 'Consent' application in accordance with Section 49 of the Planning Act, RSO 1990, c. P. 13 shall be a fixed cost of$500.00, 1 • ti . • 1.5 an application for a 'Site Plan and Site Plan Agreement' in accordance with Section 40 of the Planning Act, RSO 1990, c. P. 13 and municipal bylaws. 1.6 an extension or enlargement of a building or structure or a change in the use of land, buildings, or structures in accordance with Section 44 of the Planning Act, RSO 1990, c. P. 13. 1.7 a 'Plan of Subdivision' application in accordance with Section 50 of the Planning.Act, RSO 1990, c. P. 13. 1.8 a Temporary Use Bylaw.' application in accordance with Section 39 of the Planning Act, RSO 1990, c. P. 13 shall be a fixed cost of$1,500.00 not excluding subsidiary costs and fees with respect to Section 1.4 of this bylaw. 2.0 THAT the tariff shall apply to the following municipal functions in the processing of an application listed in Section 1. 2.1 Preliminary review of the subject application (including the preparation of written reports and maps, site visits, and meetings) by the Village of Port Burwell Planning Consultant and/or Solicitor where in the opinion of Council this is deemed necessary or desirable; 2.2 Public meetings as required under the Planning Act; 2.3 Special meetings of Council, where deemed necessary or desirable either by Council, or where requested by the applicant, in respect of the subject application. ' ?.4 Preparation of any required amendments or agreements in respect of the subject application by the Village of Port Burwell Planning Consultant, Solicitor or Clerk 2.5 Incidental expenses incurred in the processing of the subject application such as mailing costs, printing charges, and publication charges; 2.6 Preparation for and attendance at an Ontario Municipal Board hearing by the Village of Port Burwell Planning Consultant and/or Solicitor in respect of the subject application. 2 3. The tariff of fees in processing applications in accordance with this By-law shall he fixed cost as prescribed in Section 1.0 of this bylaws or a combination of fixed fees and fees based on a time consumed basis in accordance with the following: 3.1 Planning & Engineering fees: Fees as charged by the Village Consultants • 3.2 Legal fees: Fees as charged by the Village Consultants 3.3 Public and special meetings of Counci Read a first and second time this 10th day of January, 1995. / am' 450664, e lei A. reiatrator/C1erh-Treasurer Read a third time and fi y passed this 10th day of January, 1995. Jr � �i�jri I peeve 1 A y�"'nistrator/Clerk-Treasurer r 4 The Corporation of the Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell, Ontario By-Law 95-58 Ab0D Being a by-law to amend By-Law 95-03, being a by- law prescribing a tariff of fees for the processing of applications made in respect of planning matters. WHEREAS-the Planning Act, RSO 1990 c. P. 13 s. 69 enables the Council of the Village of Port Burwell to prescribe a tariff of fees for the processing of applications made in respect of planning matters; AND WHEREAS Section 68 of the Planning Act restricts the tariff to meet only the anticipated cost to the full the processing of each type of application provided for in the tariff; AND WHEREAS the Council of the Village of Port Burwell has enacted Bylaw 95-03 being a by- law prescribing a tariff of fees for the processing of applications made in respect of planning matters. NOW THEREFORE, the Council of the Village of Port Burwell amends Section 1.4 as follows: 1.4 a 'Consent' application in accordance with Section 49 of the Planning Act, RSO 1990, c. P. 13 shall he a fixed cost of$75.00 for processing by the municipality and fees as permitted by bylaw by the Elgin County land Division Committee. Thi, by-law shall come into force and effect on the date of its passing. • 1 Read a first and second time this 24th day of October, 1995. R 74*1 Armi istrator/Clear-Treasurer Read a third time and ally passed this 24th day of October, 1995. Reeve At A.m.£`rator/Clerk-Treasurer 2 CHAPTER 5 Subdivision Control: Section 50 of the Planning Act SIDNEY H. MOISTER' 1. INTRODUCTION have been rendered, sa that the cases can be properly and carefully applied to ensure compli- Section 50 of the Planning Acte affects virtu- ance with the Act.3 ally all transactions involving real property in- terests in Ontario. Its purpose is to control the 2. PURPOSE OF SECTION 50 manner in which land can be divided and dealt with, and non-compliance is fatal to any in- Section 50 of the Planning Art, which in tended transaction. Because it is restrictive in earlier Planning Acts was called s. 23,24,26,29 nature, limiting the manner in which owners or 49), is the main instrument of subdivision can deal with their land, it has been the subject control in the Province of Ontario. Subdivision of numerous schemes for avoidance and exten- control means the control by government of the sive litigation to determine the manner in which division of land into smaller parcels. This is a it affects transactions. This paper is not in- broad definition and includes land division that tended as an in-depth treatment of s. 50, but might serve a wide range of purposes. The rather as an overview of its purpose,a summary breaking up of a farm by a developer into hun- of its more important subsections and a starting dreds of building lots is controlled by the Act, place for more detailed analysis of the section. but so is the division in half of an old house lot, It is designed only as an introduction to the to allow construction of a second house for the section. and should be read in that context. owner's married child. The legislation is neces- There is a substantial body of case law re- sary because at common law the owner of land garding s. 50 of the Planmrig Act.Although one could do with it as he wished,subject to possible must be aware of the reported decisions, they nuisance actions, and such absolute control is are not necessarily the key to avoiding contra- inconsistent with good municipal planning. ventions of s. 50, or resolving issues relating to In Ontario, the provincial government does the effect of the section on prior transactions. not, in most cases, exercise direct control over Many of the reported decisions have arisen in development, but rather allows the municipali- the context of Vendor and Purchaser applica- ties substantial autonomy regarding their own tions where the two sides of an issue are often futures. Therefore„ to the extent that the pat- not strenuously argued, since the parties may tern of land division has tremendous implica- be intent only on solving a mutual problem as tions for the certainty of boundaries, lot sizes, quickly and cheaply as possible, without exten- road patterns,and the provision of services,and sive research or consideration of planning poli- ultimately the economic viability and aesthetic cies. Inconsistent judicial decisions are not impact of a community, the main responsibility uncommon and,consequently, may make it dif- rests with the municipality.{ ficult for the practitioner to rely on the reason- The fact that the legislation is designed to ing contained in any one decision to resolve allow development decisions to be made by the questions of title. As a result, it is important to municipality, overseen by the Ontario Munici- understand the plain wording of the subsections pal Board, should never be overlooked. In the and also to appreciate the case law pertaining past, courts have often stressed the purpose of to them in the context in which the decisions s. 50 when attempting to assess the effect it I B A,L.T..8 Member of the Otuarto Bar Partner of 7",wit&Muni C:c,isrn d Arbua Reeked Octornm I'A"t Pianism'Act.R S 0 1990.. P 13 (Pwtnerfy s. 36,29 and 49 of the Ad.) For an us-depth analysts of the sccrwn and its many nsucs,set S td Trawsr.The 14.1wr,d S,rirl,wu,w('suer.!.n Onwre,.,L,>ronso Carswell. 1988 + ?B Winer. "An Introductson to Subduent n Conwoi Lerfalaiaarf I9B31,43 Can Bae Kiev 49 W B Rayner .sanatve:,,,w iTharnrl,ts Omani,r Avutcawt Canal Law Book.. 19761 • 95 chi" Law Scacarty of Upper Canada October 1966 Not Ila be used of fifpnctfuciad+ifsout parrr.sstdt 5 2 Real Estate 37th BAC Phase 3 should have on a given transaction. asking contravening the section would not create an whether it is the type of transaction the munici- interest in land_ pality wants and needs the right to control. A As a result,you will note that the real estate court taking a remedial approach to s. 50 may bards` forms of Agreement of Purchase and hold a transaction to be permitted, although on Sale all include a provision similar to the follow- a literal reading of the section, it may appear to ing: contravene. Provided that this Agreement shall be effective to create an interest in the property only if the subdivi- 3. EFFECT OF CONTRAVENTIONS: sign control provisions of the Planning Act are coin- SECTION 50(21) plied with by the Vendor on or before completion and _ _ the Vendor hereby covenants to proceed diligently at 011)-An agreement,conveyance, mortgage or chargerFj his expense to obtain any necessary consent on or made,or a power of appointment granted, assigned before closing. or exercised in contravention of this section ora Such an explicit provision should be included predecessor thereof does not create or convey any'-- in interest in land, but this section does not affect an. every Agreement of Purchase and Sale, Op agreement entered into subject to the express condi- tion to Purchase Agreement, Lease or other tion contained therein that such agreement is to ibis, document involving an interest in land,in order effective only if the provisions of this section are to guarantee protection for the agreement from complied with. the effect of s. 50(21)in the event that an unex- Section 50(21) provides that any transaction pew Planntrt Ad problem arises. prohibited under s. 50 for the equivalent section THE BASIC PROHIBITION- in an earlier statute)"does not create or convey SECTION 50(3) any interest in land". The types of documents specified in the subsection include agreements, conveyances, mortgages and charges. In the (3) No person shall convey land by way of a deed or event that s. 50 is contravened, the contraven- transfer, or grant, assign or exercise a power of ap- pointment with respect to land,or mortgage or chase ing document does not create an interest in land, land,or enter into an agreement of sale and purt�se and as a result, the purpose of any such docu- ofland or enter into any agreement that has the Asti Ment(e.g., to convey or charge) is substantially of granting the use of or right in land directly or by' undermined, since in each case the essence of entitlement to renewal for a .period of twenty-ons' the document is to create or convey an interest years or more unless., in land. r a) the land is deecribed in accordance with and Since the effect of a contravention is to negate is within a registered plan of subdivision; the document's ability to create or convey an 0.0 the grantor by deed or transfer, the person interest in land, it is essential that one ensure granting, assigning or exercising a power of compliance with a. 50 in all transactions appointment, the mortgagor or chargor, the Section 50(21) does, however, contain a pro- vendor under an agreement of purchase find vision that is available to protect the interest in sale or the grantor of a use of or right in land,' ' land created by an Agreement of Purchase and as the cane may be,does not retain the fee or Sale, where the Agreement at the outset is in the equity of redemption in, or a power orf contravention of a. 50 but the contravention can right to grant,assign or exercise a power of be cured prior to closing. So long as the Agree- the in respect of,any land abutting, mentthe land that is being conveyed or otherwise is entered into "subject to the express dealt with other than land that is the whole; condition contained therein that such agree- of one or more Iota or blocks within one sir, ment is to be effective only if the provisions of more registered plans of aubdivisioa;"' . this section are complied with the agreement c'r the land or any use of or right therein is bsin# is valid and fully enforceable pending the rasa acquired or disposed of by Her Majesty lution of the immediate Planning Act problem. right of Canada, Her Majesty in right afOn- if the express condition is included, neither tarso,Ontario Hydro or by any municipality;' party can immediately declare the agreement d i the land or any use of or right therein is bong ineffective on the ground that the agreement acquired for the purpose of a transmission' creates no interest in the land due to the Plan- lire as defined in the Ontario Emery foam'";' ning Act contravention. Without the express Act lli,.3.O. 1980, c. 3321 and in respect of condition permitted by the Act, an agreement which the peon acquiring the laad or a use dor right therein has made a declaration . 1905 Law Society of Upper Canaria oacreoesrcos-95 cr Not 10 be used or repnosiucea we nsout parmesan 37th BAC: Phase 3 Subdivision Control:Section 50 of the Planning Act 5 - 3 that itII " being'enquired �s+Ich'pmrpbi�� (iii)granting a 15-year lease with an op- which shall ba conclusive evidence that it u tion to renew for 10 years; or being acquired for suds purpose; , (iv)granting an option to purchase. r e) the land or any use of or right therein i.i being acquired for the ,purpose. of flood-contro.l�f Therefore, it must be recognized that s. 50 is, erosion control,bank stabilization,shoreline on its face, extremely broad and that virtually management works_or_thit preservation. f. all common transactions, except perhaps short Snv ron*ii; +1;bT aismit vs lauds under a pro-, term leases without options to purchase or re- ject appravedbthe Minister of NaturelR. new, are caught by the prohibition, sail-vas urt er s. 24 ot''t17� oniers A�horitica� and in respect of w �, It should be noted, however, that the courts officer of the co®aerration authority ach an have interpreted the proscribed and enumer ing the land or aril rise of or right therein-his .ted transactions very narrowly, and other made a declaration that it is being aeffrect. types of procedures that have the effect of divid- for any of such purpose.,which shall be con-' ing land but are not specifically prohibited are elusive evidence that it is being acquired for not affected by the section. such purpose;or It appears from the case law that the follow- in consent is given to convey, mortgage or; mg are not included in this general prohibition charge the land,or grant, malign or exercise' even though they may divide land: a power of appointment in respect of the land 1. vesting orders under Family Law Act,S or enter into an agreement in respect of the' land. 2 vesting orders under Trustee Act 6 The prohibition is contained in the preamble g THE EXCEPTIONS TO THE to the subsection and prohibits a person from PROHIBITION effecting a broad variety of transactions relating to land or interests in land. 'Person"includes a corporation and any other type of body,such as There are six situations in which the basic a partnership or a sole proprietorship, as well prohibition is not applicable, and compliance as an individual; the subsection applies to eve- with any one of the six exceptions makes the ryone transaction permissible. Each exception in- The following are the prohibited transac valves either a transaction where land is not tions being divided or municipal or governmental con- sideration of planning issues, which therefore 1. conveying land by deed or transfer; makes the application of the Planning Act ir- 2. granting, assigning or exercising a power of relevant. appointment (a power to appoint is equiva- lent to a power to convey with respect to 5.1 Plans of Subdivision. Section land) (i.e., land held by an owner to uses 50(3)(a) includes a power of appointment;) 3. mortgaging or charging land; No transaction is prohibited by s- 50(3) so long as the land that is the subject matter of the 4. entering into an agreement of sale and our- transaction is"described in accordance with and chase of land; and is within a registered plan of subdivision' This 5. entering into any agreement that has the is a reasonable exception, given that govern- effect of granting the use of or right in land, mental approval would already have been directly or indirectly by entitlement to re- granted to the pattern of land division laid out newel, for a period of 21 years or more(i.e.. on the plan before the plan of subdivision was any agreement that would give someone the registered. With respect to land within a regis- rtght to use land for 21 years or more). For tared plan of subdivision, the underlying pur- example, this would include: pose of s. 5D has already been sawed and need fit granting a right-of-way or easement in not hinder or prevent the vow of or other perpetuity; dealings with land within the registered plan. However,one must note the application of the (ii) granting a lease with a term of 21 'part lot" control provisions contained in years or more; v 5 P02061 v Putzc u(1982).1.L5 RIR_72(OK'H.0-) 6 Re 8rawkruM and W,,gk,t L985).50 O R.(241666,i?R P R h 65 i H C 95 Law Sammy of timer Canada Occota.r 1996 Not I6 be u..d or rsprodkced*Mai perwa a rnm7uliMilMilIM- Real Estate 37th BAC: Phase 3 i b s. 50(5), which function as a substantial qualifi- exception to the prohibition operates and how cation to this exception (see Part 6 below). the Act can be contravened. Assume Owner is Notwithstanding the above exception, it is the owner of various parts of this parcel of land. possible for a municipality, for the purposes of If Owner owns tinily parcel B, Owner is able a. 50, to deem a plan of subdivision which has to sell it and rely on the "no abutting lands" been registered for eight years or more, not to exception to avoid a contravention of s. 50. How- be a registered plan of subdivision, pursuant to ever, if Owner owns parcel B and C, and only s. 50(4). Presumably, a municipality would wants to sell parcel B, retaining Parcel C, the choose to pass such a by-law where it wanted to transaction will not fall within the no abutting regain planning control over an established lands" exception and Owner will have to find area, perhaps because of changes in patterns of some other exception to the prohibition for the • development or municipal policy where the pre- interest to pass.The same analysis would apply viously approved plan is considered obsolete, if Owner were mortgaging the land,or granting Note that the plan remains a plan of subdivision an option to purchase or a lease with a term of for all purposes except for the purpose of being 21 years or more, etc. included in subsection 50(3Xa): Figure 1 I (41 The council of a local municipality may by # by-law designate any plan of subdivision, or part thereof,that has been registered for eight A B C years or more,wh:ch shall be deemed not to be a registered plan of subdivision for the pur- T poses of subsection 13i- D E F 5.2 No Abutting Lands: Section Variations on the above fact situation give 50(3)(b) some idea as to how the subsection has been interpreted and applied: Paragraph (bi constitutes the major excep- tion to a. 50(3). This exception allows a person 1. Owner acquired parcel B in May 1985, and to carry out the transaction so long as he or she parcel C in June 1985 Historically,they had does not retain the fee or the equity of redemp been separate properties. Can Owner now tion (i.e., the right to recover unencumbered sell parcel B alone and rely on the"no abut- ownership of the land upon repayment of a ting lands" exception even though, piston mortgage loan), in any land "abutting the land tally, there is no planning issue involved? that is being conveyed or otherwise dealt with", Section 50(3) does not give any considera- unless the abutting land is the whole of a lot or tion to the prior history of the lands in block on a registered plan of subdivision. question. For Planning Act purposes, all If a person deals with all of the land owned abutting land under the same ownership , so that that person retains no ownership inter- "merges" into one parcel, and the transac- est in any land having a common boundary with tion is prohibited. the land being dealt with, such dealing is per- 2. If Owner owned parcels B and F,can Owner mitted, since it complies with s. 50(3)(b). How- sell B and retain r Lands which only meet ever, dealing only with a part of a parcel of land at a point have been held not to abut. As a while retaining ownership of abutting land is result,"checker boarding"can be used in the prohibited because it would have the effect of acquisition of parcels of land,whereby alter- dividing the parcel into two parcels. Note the nating parcels of land are ultimately regia- exception to the rule if the retained land is the tered in different owner's names to avoid whole of a lot or block on a plan of subdivisionfuture potential. Planning Art contraven- From a planning perspective, this situation mons. Parcels A, C and E would be pur- should not be prohibited;if the whole lot or block chased by Owner [Owner II.and B,1)and F is exempt in any event, because it is an a plan purchased by Owner 2 to avoid merger. of subdivision (and not subject to the part lot. control rule)it follows that the remaining parcel 3 Could Owner sell the mineral rights to par should be similarly considered a separate par cel B and still retain the surface rights with- - eel out the transaction contravening a. 50? The following examples will assist in appre- Section 50(2)-provides that interests in canting the practical mariner in which this basic lands do not abut when they meet on a October I G95 Lew,Sootily of Upper Carwts zacveelest -95 chi) Not to be weed Or reproduced wwrouf perrnusgn stststststr 37th RAC: Phase 3 Subdivision Control:Section 50 of the Planning Act 5 - 5 horizontalplane only As of December 9, Section 50(3)(c) creates an exception to Y p the 1994, a. 50(2.1) deems land to exclude min- general prohibition for the acquisition or diapo- ing rights in or under land but not mining sition of land by federal,provincial and munici- rights on the land. pal governments and Ontario Hydro. As a 4. Where Owner owns parcels B and C, can a result, for example, there can be no Planning sale be effected in such a simultaneous man- Act contravention regarding conveyances to mu- ner, that, at the instant of simultaneous nicipalities for road-widening purposes or the conveyances, Owner retains no abutting granting of rights-of-way to Ontario Hydro for land? the placement of transmission lines. If the two parcels are being conveyed to Section 50(3)(d) relates more specifically to the acquisition of land or rights in land for the different persons, according to a. 50(15), purpose of transmission lines. Section 50(3Xe) Owner is deemed to retain ownership in the excepts from a. 50 contravention the acquisition abutting land for the purposes of a. 50(3), of land or rights in land for purposes of flood unless the conveyances involve "the same control, erosion control, bank stabilization, parties acting in their same respective ca- shoreline management or the preservation of pacifies". If Owner were to convey parcels B environmentally sensitive lands. and C simultaneously to Buyer X and Buyer Y respectively, the merged parcel of B and 5,4 Consent Obtained: Section C would be divided contrary to the section 50(3)(p and the simultaneous transactions would not be protected by s. 50(3)(b). However, The other major exception to the prohibition Owner can convey parcels B and C to the set out in s. 50(3)is if the transaction is effected same Buyer and the conveyance will be pro- with the consent of the relevant governmental tected by the no abutting lands"exception. The parcels remain merged, now under Consent" is defined in a. 50(1) of the Act. Buyer's ownership,and there is no violation Approval of an otherwise prohibited transaction of the spirit of the section. maybe given bytheappropriate municipal,city 5. If Owner owns parcels B and C, and C is a or county council or the Ministry of Housing, separate lot on a plan of subdivision, can depending on the location of the land,once it has Owner sell. B only and have the conveyance determined that planning principles will not be remain within the no abutting lands" ex- sacrificed or may be compensated for in some ception? way. Often the consent will be granted by a The last phrase of s. 50(3Xb) provides that Committee of Adjustment or Land Division the no-abutting-lands exception applies if Committee, which are simply bodies to which the'abutting land is "the whole of one or powers to grant consent have been delegated. more lots or blocks within one or more reg- A consent lapses on the expiry of two years istered plans of subdivision" !see Part fi following the date on which the certificate of below). decision of consent was given,if the transaction approved for consent has not been carried out."' 5.3 Transactions Involving The body granting consent can also shorten the Government: Section 50(3)(c), lapse date or impose conditions on the grant of (d) and (e) consent. For example,obtaining the necessary consent The rationale for these exceptions is identi to the division of a parcel of land in half, for the Purpose of selling the eastern half, and satisfy cal. If the government or a government agency wishes to acquire or dispose of lands in such $ B all conditions that are imposed upon the waythat additional granting of the consent, allows the owner to sell parcels will be created, or the eastern half within the next two years,while that land will be divided, one can only assume continuing to own the western half, without that it, as the body with control over planning, contravention of a 50 The deed to the eastern has considered the planning implications of the half will be endorsed with a certificate that transaction and found them to be satisfied. consent to the transaction has been given, to establish that the transaction is permitted. 7 Planntitz Act 19X3.a 52f 22 e9aevesiastcho5-9S crc Lae soberly sfy of Upper+Canada. October tees Not to Os used or reprode d*grout pernisunn 5 - 6 Real Estate 37th BAC Phase 3 • Practically, obtaining consent is the most com- of one or more lots or blocks within one or mon manner in which an owner may deal with more registered plans of subdivision. part of his land while retaining an interest in !bi the land or any use of or right therein is being abutting land. ' acquired or disposed of by Her Majesty in nght of Canada. Her Majesty in right of On- 6. PART LOT CONTROL: SECTION tan°,Ontario Hydro or by any municipality; 5 5) j fel the land or any use of or right therein is being acquired for the purpose of a transmission Section 50(3Nal allows a transaction to pro- line or utility line, both as defined in the ceed without being in contravention of the Art Ontario Energy Board Act, and in respect of so long as the land being dealt with is"within a which the person acquiring the land or any use of or right therein has made a declaration registered plan of subdivision". Section 50(5), that it is being acquired for such purpose, however, was enacted to deal with the problem which shall be conclusive evidence that it is of the owner who wants further division of a being acquired for such purpose; parcel of land already within a plan of subdivi- (di the land or any use of or right therein is being sion. acquired for the purposes of flood control, A plan of subdivision essentially takes a large ernason control,bank stabilization,shoreline parcel of land and through a planning process, management works or the preservation of divides the parcel into many smaller parcels environmentally sensitive lands under a pro- called lots or blocks. These lots or blocks are ject approved by the Minister of Natural Re- conveyable parcels and excepted under s. 50(3) sources under s. 24 of the Conservation because they have been recognized for planning Authorities Act and in respect of which an purposes as lots which may be dealt with with- officer of the conservation authority acquir- out regard to s. 50 of the Planning Act. Section ing the land or any use of or right therein has made a declaration that it is being acquired 50(5)addresses the issue of an owner ofa lot or for any of such purposes, which shall be con- block dealing only with part of that lot or block elusive evidence that it is being in a manner that would be contrary to original suchpurpose; acquired for intentions when the plan of subdivision was r.ef the land that is being conveyed,or otherwise approved` dealt with is the remaining part of a lot or (5)Where land is within a plan of subdivision regis- block, the other part of which was acquired tared before or after the coming into farce of this by a body that has vested in it the right to vection, no person shall convey a part of any lot or acquire land by expropriation;or black of the land by way of a deed, or transfer, or (J} consent is given to convey, mortgage or grant, assign or exercise a power of appointment in charge the land or grant,assign or exercise a respect of a part of any l0 or block of the land, or power of appointment in respect of the land mortgage or charge a p t Of any lot or block of the or enter into an agreement in respect of the land,or enter into an agreement of sale and purchase land of a part of any lot or block of the land or enter into any agreement that has the effect of granting the use .Identical in structure to s. 50(3}, a 50(5 i pro of or right in a part of any lot or block of the land habits a person from dealing with"a part of any directly or by entitlement to renewal for a period of lot or block of the land",where the land is within twenty-one years or more unless, a registered plan of subdivision, unless the fat the grantor by deed or transfer. the person transaction may be brought within one or more granting, assigning or exercising a power of of the 6 specific exceptions. appointment, the mortgagor or chargor, the Awraordingiy, one can rely on the s. 50(3Ha) vendor under an agreement of purchase and plat of subdivision exception only if the land sale or the grantor of a use of or right in land, being dealt with is the whole of a lot or block on as the case may be,does not retain the fee or a plan of subdivision. If one is not dealing with the equity of redemption in, or a power or the entire lot or block as found on the plan of nght to grant, assign or exercise a poser of subdivision, s. 50(3 Na) is of no assistance, and appointment in respect of.any Land abutting one must proceed to find a further exception, the land that is being conveyed or otherwise from the list in s. 50(51.8 dealt with other than land that is the whole i< Thor phare"id or block on a resisarrd plan of aultd ru+on Pi *sDcheacal rnearwnr[has cannot be•yrored T}e word..los. in particular. ohms ales m the dexnpson of land,but or entry lin w a tis on a reppe xi plan of subxdrruaon.and therefore one carrot always rely oa ole wsveysnae of land described as-Lot"bong prcwaceed under a OKat A conveyance may inrotve rhe wit*of a itis on a concesarrrk she whole oda parcel registered under the Land totes sown.the*hi*of s lot on a Regnant's complcd plan or die ride of a part on a Ocexi w 1905 Law Society oti)pcer Cartels ttacYnnihek:h05-415 4r0 Not lc to used or rsgroptmsd without permission 37th BAC: Phase 3 Subdivision Control:Section 50 of the Planning Act 5 - 7 Assuming that Owner owns the whole of Lots Assume that a strip of land from Lots 1 and 1 and 2 on a registered plan of subdivision, 2 has been conveyed by Owner to the municipal- Owner may sell Lot 1 or Lot 2 without contra- ity for road-widening purposes. If Owner sub- vening s. 50(3), due to the combined protection sequently wants to sell Lot 1 (more accurately, of s. 50(3Xa)(within and described on a plan of that part of Lot 1 which was not conveyed to the subdivision)and 50(5)(land is not part only of a Municipality), the transaction would appear to lot or block on a plan of subdivision). In either be prohibited by s. 50(5), which prohibits deal- conveyance, Owner would be dealing with the ing with part of a lot while retaining an owner- whole of a lot on a registered plan of subdivision. ship interest in abutting land. Figure 2 Figure 3 LOT 1 LOT 2 �. LOT 1 LOT 2 WEST 1/2 EAST 1/2 WEST 1/2 EAST 1/2 LOT 1 LOT 1 LOT 2 ! LOT 2 However, Owner will be able 1rely on the However, if Owner builds semi-detached exception contained in paragraph (e) to protect houses on each lot(i.e.,2 dwelling units on each I the transaction, since Owner will be dealing lot, such that only one-half of each lot would be with all of the lot except a portion owned by the conveyed to a single purchaser), Omer could' Municipality,which has in it the power of expro- ut Mill say ons of the houses individually with- priation. eat sch of a. 50. Although Owner is dealing with land within a registered plan of 6.2 Exempting By-Law subdivision,Owner r000 azul ago 60[6),which &M 'with port its kit t'm1Ml°waer A Municipality can pass a by-law pursuant to a forthor moiplioa to rely on. a. 50(7) that exempts specified lands from the Part Lot Control provisions (i.e., s. 50(5) of the £1 Exceptions Allowing Planning Act). In such instance, part lot trans- Conveyances;of Part Lots: actions are permitted, since the land is de- Section 50(5)(/) and Section scribed within a Plan of Subdivision (a 50(7) s. 50(3)(a)exception)and a. 50(5) is not applica- ble if one wishes to sell or otherwise deal with a (7) despite subsection (5), the a uncal of a local mu- part of a lot within a registered plan of subdivi- nncipality may by by-law provide that subsection(5) sion, one must look to s. 50(5i for exceptions to does not apply to land that is within such registered the general prohibition. plan or plana of subdivision or part or parts thereof The exceptions are essentially the same as as is or are designated in the by-laiw,and,where the those set out in s. 50(3)ibl-(/). To deal with part by-taw is approved by the Minister, subsection (5) of a lot or block on a plan of subdivision, one uses to apply to such land, but the by-law, without must either retain no ownership interest in requiring the approval of the Minister, may be re- abutting land,or be dealing with government or pealed,or may be amended todelete part of the leads obtain a consent to the ttaaaaction. described therein, and when the requirements of subsection(24)have been a►mphed with, subsection The novel exception, appReable to transac- (5) thereupon applies to the lands affected by the tions on or after August 1, 1983, is paragraph repeal Or amendment 50(5)(e), which applies to dealings with the re- mainder of the lot or block that remains after part of a lot has been "acquired by a body that - has vested in it the right to acquire land by expropriation'. relererroe pima of survey,wshots ravolving are%Sola at a Its of a teguiered plan of sabi*naiae ABs c rip Law 3orasly at upper Conoids: October 1995 Not b tis used or rod vaithsoi persimmon b - 8 Real Estate 37th BAC: Phase 3 7. STATUTORY RESPONSES: NEW effect of granting the use of or right in a part of EXCEPTIONS AND CLOSING a building or structure for any period of years. LOOPHOLES 3- Subsection (10) allows owners of adjacent lands who wish to co-operate in the building Section 50 contains many subsections that and maintenance of drainage systems to are highly specific in focus. A thorough under- make the necessary agreements regarding standing of their varied purposes requires an easements and mutual rights-of-way. etc., in-depth study of early Planning Act case law without contravening s. 50. However,one can come to grips with their effects by classifying them according to two groupings: (Id)Thin section does not apply to an agreement "subsections which plug loopholes and subsec entered into under s 2 of the Drainage Act tions which create loopholes in order that desir- 4. Subsection (II) allows the Agricultural Re- able transactions not be caught by the sweeping habilitation and Development Directorate effect of the prohibition. The government obvi- to deal with lands acquired separately as ously considers the former loopholes undesir- individual parcels,despite the fact that they able and the latter essential. may abut. (11)This section does not apply so as to prevent 7.1 Creating New Exceptions the Agricultural Rehabilitation and Develop- ment Directorate of Ontario from conveying or 1. Subsection (8) allows Vendor take-back leasing land where the land that is being con- mortgages as part or all of the consideration veyed or leased comprises all of the land that was for the purchase of land, provided that the acquired by the Directorate under one registered mortgage applies to all of the land pur- deed or transfer. chased. If the owner of B purchases neigh- bouring parcel A, and gives a mortgage to 7.2 losing Loopholes his Vendor as part of the purchase price, such mortgage would contravene the Act, The following subsections were enacted over since he would be mortgaging A while re- a period of years to close loopholes: taming B.Section 50(8)permits this Vendor 1. Subsection(15)prevents subdivision of land take-back mortgage. Note that the mort- by means of simultaneous conveyances. gage must be applicable to all of B and the This was inserted to prevent schemes mortgage must be give to the Vendor and whereby the owner would theoretically con- not to a third party- vey the two halves of his land at the same (R)Nothing in subsections(3)and (5)prohibits, instant,so that at the time of either convey- and auheectjon.(3)and(5)shall be deemed never ance he could not be said to retain the fee in to;lave prohibited,the giving back of a mortgage abutting land. or charge by a purchaser of land to the vendor of the land as part or all of the consideration for the (15) Where a person conveys land or grants. conveyance of the land, provided that the snort- assigns'or exercises a power of appointment in gage or charge applies to all of the land described enter. of land,or mortgages ore and purchasechergland,orf enters into an agreement of sale and of in the conveyanceland,or enters into any agreement that has the 2. Subsection (9) allows leases for any period effect of granting the use of or right in land of years where only "part of a building or directly or by entitlement to renewal for a period structure" is being rented. Ordinarily, a nof twenty-one years or more by way of simulta- lease of part of a building for a term of 21 ous conveyances of abutting lands or by way of other simultaneous dealings with abutting years or more contravenes a. 50(3). It is ret ognized that leases of existing buildings for lands,ngwiththe person so hall b conveying or deemed totherwise par- snip the bands shall be deemed far the pur- long terms do not compromise planning paw ptsubseetaxim(3)and .+5)to retain, as the principles. The subsection, however, doer s GM MO be,the he or the equity of redemption not consider the effect of the exception on a in, or the power or right to grant, assign or grant of outdoor rights for more than 21 exercise a power of appointment in respect of, years(e.g., parking Iota,patios)that accom- land abutting the land that is being conveyed or pany a lease of a portion of a building otherwise dealt with but this subsection does not apply to simultaneous conveyances or other sit- (9) Nothing in subsections(3) and i5i prohibits multaneous dealings involving the same parties the entering into of an agreement that has the acting in their same respective capacities. October 1995 Law Swirly at Upper Caruana nsc'+rsateanc crop Not la be used or repro:Wed without permission 37th BAC. Phase 3 Subdivision Control:Section 50 of the Planning Act 5 - 9 • 2. Subsectidn (16) prevents partial discharge subsection does not apply where the land fore- of a mortgage(i.e., releasing or discharging closed or in respect of which the power of sale is part only of the land described in the mort- exercised comprises only. gage)by deeming the mortgagee to'hold the (a) the whole of one or more lots or blocks within fee"in the lands subject to the mortgage and one or more registered plans of subdivision; to be'conveying"the part which is the sub- (b) one or more parcels of land that do not abut ject of the partial discharge.Subsection(17) any other parcel of land that is subject to the contains several logical exceptions to the same mortgage or charge: rule, (c) the identical parcel of land that has been the (16)Where a person gives a partial discharge of subject of a consent to convey given under a mortgage on land or gives a partial cessation of section 53 and the consent did not stipulate a charge on land, the person giving the partial that subsection 50(3) or (5) applies to any discharge or partial cessation shall be deemed to subsequent conveyance or transaction; or hold the fee in the lands mentioned in the snort- (d) the whole of the remaining part of a parcel of gage or charge and to retain, after the giving of land, the other part or parts of which parcel the partial discharge or partial cessation,the fee have been the subject of a consent to convey in the balance of the lands. and for the purposes given under section 53 and the consent did of this section shall be deemed to convey by way not stipulate that subsection 50(3)or(5)ap- of deed or transfer the land mentioned in the plies to any subsequent conveyance or trans- partial discharge or partial cessation. action. (17)Subsection (16) does not apply to a partial Subsection(c)and(d)were added to the Act discharge of mortgage or partial cessation of December 9, 1994. charge where the land described in the partial discharge or partial cessation, 4. Subsection (19) prevents joint tenants and tenants in common from changing the own- (a) is the same land in respect of which a consent ership of the land through a"release"of one to convey has previously been given; owner's interest as a preliminary to what (b) includes only the whole of one or more lots or would otherwise be a prohibited transac- blocks within a registered plan of subdivi• tion;that is,where the joint tenant or tenant mon,unless such plan of subdivision has been IMltd under subsection(4);or in common is releasing his interest so that the adjacent lands will be owned by differ- (a) 1(1*weed blr Her Majesty in right of Canada W Her> y in right of Ontario, Ontario ent legal entities. Hydro or by any municipality (19)Where a joint tenant or tenant in common of land releases or conveys his interest in such land 3. Subsection (18) requires Ministerial ap- to one or more other joint tenants or tenants in proval for foreclosures and Power of Sale common of the same land while holding the fee proceedings where not all of the land that is in any abutting land, either by himself or to- the subject of the mortgage will be affected, gether with any other person, he shall be subject to certain exceptions.Otherwise,in- deemed, for the purposes of subsections (3) and stead of seeking consent to division, an (5),to convey such land by way of deed or transfer owner could grant a mortgage to a mortga- and to retain the fee in the abutting land. gee-purchaser, not make mortgage pay- 5. Subsection (20) destroys the usefulness of menta, and simply wait for the Partition Act orders for dividing land with- mortgagee-purchaser to"foreclose"on a pre- out consent by requiring consents for such arranged portion of the land,the foreclosure orders unless each part of land described in order itself not being a prohibited transfer the order could be conveyed without contra- under a. 50(3),and otherwise being effective vening s. 50. to divide the parcel. The permitted excep- tions are logical,given that planning princi ( ) No order made under the Partition Art for pies are not compromised. the partition of land shall have any effect in law unless, (18) No foreclosure of or exercise of a power of sale in a mortgage or charge shall have any effect (a) described ien of the order,each part of the land described in the order could be conveyed in law without the approval of the Minister un- without contravening this section,or less all of the land subject to such mortgage or charge is included in the foreclosure or exercise (b p consent is given to the order of the power dude,as Use case may be,but this .Vbec+rrslesrC,05-95 crap Law Society of Upper Canada- October 1995 Not 10 be used or reprodnssed wslio d pemrsaan 5 - 10 Real Estate 37th BAC. Phase 3 6, Section 50.1, deemed in force 26 July 1990, vention of the Act regarding land which was prevents lands from being divided by will. then subject to the Art is deemed not to have Any division of land by will creates a ten- been a contravention. Until June 27, 1970, the ancy in common in ll of the land unless the Planning Act only applied to land in the event Art has been complied with. that the municipality in which the land was situate had designated by by-law the land as 8. IDENTIFYING PLANNING ACT being within an area of subdivision control. For CONTRAVENTIONS transactions occurmg after June 15. 1967, the section is of concern only if a by-law had been In order to determine the validity of title, it enacted prior to the date of the transaction. In is essential that there has been no prior contra- the event that there is no such by-law registered vention of the Act that would have had the effect against title, one need not be concerned with of preventing the conveyance or creation of an Planning Act contraventions until June 27, interest in land, Several factors are involved in 1970, when all land in Ontario became subject this investigation. to the application of the Act.9 May 3, 1968 Planning Amendment Act, 1968, 8.1 The Importance of Timing S.O. 1968,c. 96 - The Planning Act has seen an evolutionary Prior to this date, it was permissible to deal change in its provisions, including the creation with 10 or more acres of land if the Vendor of loopholes by the courts, the plugging of loop- retained the fee in 10 or more acres of abutting holes by the courts, amendments to the Act to land. From and after this date,the ten acre rule close loopholes and to create new loopholes, was abolished. together with amendments at particular points June 27, 1970 Planning Amendment Act, 1970, in time that have changed or further developed S.O. 1970,e. 72 the law. As a result, what may have been a A new s. 26 was enacted and made the Plan- Planning Act contravention at one point in time Piing Act applicable to all transactions through- may not have been a contravention at some out the Province of Ontario. Prior to this date. other point in time. For the purposes of making the Planning Act applied only in the event that and answering requisitions or resolving title a municipality had passed a by-law designating matters, it is helpful to understand that the the lands as within an area of subdivision con- validity of instruments may depend on timing trol. and that one should not consider a title regard- Part Lot control provisions were changed. ing Planning Act issues by considering the law Prior to this date, land on a plan of subdivision only as it is now and disregard the law as it was was exempt from the Act unless the municipal- at the time of the transaction. The following ity passed a by-law making subdivision control constitutes some of the more significant dates of applicable The new Act reversed the process substantive changes in Planning Act law which and made part lot control applicable,unless the may serve to satisfy objections to title based on municipality exempted the plan of subdivision a Planning Act contravention, from the prohibitions. June 15, 1967 Planning Amendment Act, 1967, December 17, 1973 Planning Amendment Act, S 0 1967,c. 75 1973,S.Q. 1973,c, 168 Any contravention of the Planning Act occur- Subsections (56) (now subsection (16)) and ring prior to June 15, 1967, does not have and (5c) were added to the Act to prevent a partial shall be deemed never to have had the effect of discharge of a mortgage from being used to preventing the conveyance or creation of any avoid the provisions of the Planning Art. A per- interest in land. As a result, any alleged contra- son giving a partial discharge of mortgage is 9 The fo5owvi exantpiea Iwip one appreciate tate when(maim.AMU=dwt a carrel of lard was wnveyed in site Year ir+Jtcared and the grimier had owand abeam land Cartrtraretnan? (al No by4tw ever prre4.conveyance in 19e11 No (b)Nydaw pawed 1960.conveyance m 1966 Yes (Cl E1r-Isw weed 1950.conveyance in I9ed No (dl No by-law ever pawed;conveyance to 1971 Yes lei By-law paned t%9;conveyer=in 1468 No i in by-law pond 1969 oInveyartce to 1970 Yea 00110410,?SOS Law Sporty d Lipper Camas treoreelestice05-€K.cl1P Not 10 be Wd of isprodiCed rraMiDwr Perrreesmn 37th BAC, Phase 3 Subdivision Control:Section 50 of the Planning Act 5 - 11 deemed to hold the fee in lands mentioned in the June 7, 1976 Planning Amendment Act, 1976, mortgage and to retain the fee in the balance of S.+5. 1976,c. 38 the lands and is deemed to convey the lands Further amendment was made to the rule mentioned in the partial discharge. The rule regarding foreclosures or powers of sale to per- does not apply if you are dealing with the whole nnit such transactions where land being fore- of a lot or block on a plan of subdivision- closed consists of one or more lots or blocks on a June 28, 1974 Planning Amendment Act, 1974, plan of subdivision or a parcel of land that does S.O. 1974,c.53 not abut another parcel of land that is subject to The exception regarding partial discharges the same mortgage. Now s. 50(18). Provision received further expansion to exclude from the deemed to have come into effect on December rule partial discharges in respect of land for 18, 1975, by a. 5(2). which a consent to'convey has been given or December 15, 1978 Planning Amendment Act, where such land is owned by the Crown. The 19.78, S.O. 1978,c. 93 provision is now set forth in s. 50(16) and(17). Subsection (4d) has the effect of curing con- Subsection (1a) (now s. 50(2)) was added to traventions that occurred prior to the registra- deem that land does not abut if it abuts on a tion of a plan of subdivision, a condominium horizontal plane only. This permits the convey- description,or a conveyance made with the con- ing of rights in land strata (e.g., the conveying sent. Now a. 50(14) and dealt with in greater of underground mineral rights)while retaining detail under "The Retroactive Effect of a Con- the ownership of the land itself. sent", Ln addition,subsection(4e)(now a.50(8))was Subsection(5/),deemed in force on November added to create an exception to the general 23, 1978, was added to provide that any release prohibition and permits vendor takeback mort- by a joint tenant or tenant-in-common of an gages provided that all of the land that is pur- interest to one or more of the other joint tenants chased is made subject to the mortgage. It or tenants-in-common while retaining the fee in should be noted that, pursuant to the provision, abutting lands is deemed to constitute a convey- the vendor is required to take the mortgage back ante of his interest by deed while retaining the and there might be some question as to the fee in abutting lands. Now s. 50(19). This validity of such a mortgage if the mortgage is 12 amendment overturns Geri u. Thompson. registered in favour of some other party. Not- Section 33a of the Act was added to require withstanding this amendment,Dreiv ry u. Cen- notice to be given to the Minister of Housing in tory City Developments Ltd. (No.2),10 confirmed a partition action. Prior to this time, partition that the giving back of mortgages did not offend orders, being vesting orders and not convey- the Act in any event,since the section dealt with ances by deed or transfer, were excluded from land use control and did not cover the situation the Act's application. This provision was re- of contemporaneous sales and purchase money placed in 1983 by what is now a. 50(20). mortgages given back. Effective March 31, 1979, subsections (4b1 December 18, 1975 Planning Amendment Act, and(4c)(now as 50(12)and(13))were added to 1975(2nd Sess.),5.0. 1975(2nd Session)c. 18 provide that where a parcel was created by Subsection(5e)was added to prohibit foredo- consent and subsequently it was obtained by an sures or power of sale transactions without the owner of abutting land,a further consent would approval of the Minister unless all of the land not be required on a subsequent sale of the same referred to in the mortgage is included in the parcel, provided the land division committee foreclosure or exercise of power of sale. Prior to has not stipulated otherwise. This is often re this amendment, foreclosures, at least,were an (erred to as the *once a consent, always a con effective way of avoiding the statute. See Re sent" rule and applies so long as the identical George Stinson Construction biz.,11 for example. parcel of land conveyed with consent is being dealt with. Refer to the following section for further detail. 40 Drover,v_COMM"d Develapwous lard rNo 21(1974),6 OIL (2d)191414 C) I >te Grarpr Samoan Commoolon[4c (19M. 13 O R (2d)547(DIV Ct.) 12 Geiser v.Thompson(1977), 15 O.R.(7d16R9(ICC ..1baOrseeartrIC6406.dip Law o Upper Grade Ocoee, 1905 Hol to be Mid Or eeameluae0 vilhasa parmesan n 5- 12 heal Instate 37th BAC. Phase 3 {{r� ti . Judie 26, 1981 Planning Amendment Act, 1981, Parcel A validated only this particular transac- S.O. 1981,c. 15 tion and had no future or subsequent benefit on Partition Act orders require consent or other- the parcel. wise each part of the land described in the order In March 1979, s. 50(12) war added to the must have been conveyable without contraven- Planning Act. Where a parcel of land is conveyed ing the section: s. 50(20). with consent,the prohibitions in s. 50(3)and(5) August 1, 1983 Planning Act, 1983, S.O. 1983, do not apply to subsequent conveyances or other transactions involving the identical parcel of ciI land, unless it is stipulated otherwise when the Section 50 was amended to add new provi- consent is granted. sions regarding: (10Where a parcel of land is conveyed by way of a 1. the ability to convey part of a lot on a plan deed or transfer with a consent given under a. 53, of subdivision where the abutting land is the subsections(3)and f 5a of this section do not apply to whole of a lot on a plan of subdivision: a subsequent conveyance of or other transaction s. 50(3)(b)and(5)(a); involving, the identical parcel of land unless the council or the Minister, as the case may be,in giving 2. the ability to deal with part lots on a plan of the consent, stipulates either that subsection (3)or subdivision if the only other part of the lot subsection (5) shall apply to any such subsequent. is owned by an expropriating authority: conveyance or transaction_ s_ 50(5Xe); (131 Where the council or the Minister stipulates in 3. exceptions for Ontario Hydro,transmission accordance with subsection(12), the certificate pro- lines and conservation authorities: s. 5+0(3) vided for under subsection 53(42) shall contain a and(5); reference to the stipulation, and if not so contained the consent shall be conclusively deemed to have been 4. exception for dealings with parts of a build- given without the stipulation. ing s. 50(9); Figure 4 5. new exception for simultaneous convey- ances: s. 50(15). Jul 26, 1990 Planning Amendment Act, 1991, S.O.1991 c. 9 a. 1 A B C The previous loophole permitting land divi- sions by will is addressed and, as a result, no provision in any will made before or after July Assume Owner I owns parcels A and B and 26, 1990, that purports to divide land is of any Owner 2 owns Parcel C.Owner 1 conveys parcel effect unless each parcel of land could be con- B to Owner 2 with consent.Owner 2 later wishes veyed without contravening s. 50. The only ex- to sell Parcel B to a third party. ception to the prohibition would be if the In the above example, assuming the consent testator died prior to July 26. 1990. was obtained after March 1979, Owner 2 would December 9, 1994 Platnning and Municipal Stat- be free to convey parcel B without obtaining ute Law Amendment Act _ another consent, since the identical parcel for Amendments were made to subsection [14) which a previous consent to convey had been obtained is being conveyed again and there was permitting the application of the subsection to no stipulation in the earlier consent that it was mortgages with consent. Subsection (18) was to be applicable only to the first conveyance only. amended to add to further exceptions to the There is,as of this writing,a reasonable number prohibition. of cases indicating that this section is also ap- plicable in respect of consents granted prior to Consent: Section 50(12) and (13) relying n 1979. Care is, however, recommended ining on these cases. It is only a consent to a conveyance that has Prior to MarC'h 1979, it was generally held this lasting e mort- that a consent to convey had no effect on any effect, A consent given to a subsequent transaction and was only effective gage,for instance,has no Lasting or future effect for the one transaction for which it was sought and subsection 50(12) is not applicable. Note and'. given A consent to convey or mortgage that s. 50(14)applies to conveyances,mortgages and charges, a critical difference ocionsir 'INS Lew Snowy of upper Canaria tiecvesiestcrva545.chp Nai is be used or reproduced w10'IoLs pasimi sign 37th BAC: Phase 3 Subdivision Control:Section 50 of the Planning Act 5 - 13 8.3 The Retroactive Effect of a It might be helpful to equate the land that is Consent the subject of a post-March 1979 consent to a conveyance given without stipulations regard- Section 50(14), effective December 15, 1978 ing future dealings with a lot on a plan of sub- and revised December 9, 1994, provides that division. Earlier contraventions need not be a "where land is conveyed, mortgaged or charged source of concern,and subsequent to the consent with a consent . any contravention of this one can deal with the identical parcel without section or a predecessor thereof . . . that oc- regard to the normal exceptions.However,if one curred . . .prior to the conveyance . . . does not wished to divide the parcel for which the consent and shall be deemed never to have had the effect was given, one would be forced to look again to of preventing the conveyance of or creation of the exceptions. any interest in the land". This section appears to make every consent to a conveyance or mort- 8.4 The Effect of the Three gage curative of all prior contraventions of the Statements: Section 50(22) Act dealing with the land that was the subject matter of the consent. The Land Registration Reform Act,13 added a (14)Where land is within a registered plan of subdi- curative provision to the Planning Act by vision or within a registered description under the providing that if a deed or transfer contains the Condominium Act or where land is conveyed, mot- three statements set out in s. 50(22), by the gaged or charged with a consent given under section grantor,the grantor's solicitor and the grantee's 53 or a predecessor thereof,any contravention of this solicitor,any contravention of a. 50 or its prede- section or a predecessor thereof or of a by-law passed censors does not and shall be deemed never to under a predecessor of this section or of an order have had the effect of preventing the conveyance made under clause 27(llfb),as it twisted on June 25, of any interest in land. 1970, of The Planning Ad,beim chapter 296 of the As a result, if the three statements in the Revised Statutes of Ontario, 1980, ora predecessor thereof, that occurred before the registration of the deed or transfer are completed, then the chain plan of subdivision or description or before the giving of title (not all prior transactions but convey- of a certificate under subsection 53(42)stating that a ances only) of the property will not be affected consent has been given,as the case may be,does not by any contravention of the Act up to the regia- and shall be deemed never to have had the effect of tration of that deed or transfer, and arguably preventing the conveyance of or creation of any inter- any contravention in that conveyance. est in the land,but this subsection does not affect the Therefore, it appears that if, in the course of rights acquired by any person from a judgment or a title search to a particular parcel of land, one order of any court given or made on or before Decem encounters a deed or transfer containing the ber 15, 1978. three statements,one need not search for Plan- Note that this subsection also has the effect ping Act contraventions prior to that particular of curing contraventions of the Section occurring conveyance.14 prior'to the registration of a Registered Plan of Subdivision or a description registered under 9. SEARCHING TITLE TO the Condominium Act. In each case, planning a tfr ING LANDS issues would have been dealt with prior to the Plan or description, so that for planning pur- 9.1 What to Search poses any prior contravention would seem ir- relevant. In order to determine tithe property title has The presence of a consent to a conveyance, any prior Planning Act contravention that mortgage or charge on title can function to erase would nullify the owner's title or the owner's contraventions prior in time to the consent, if ability to convey or otherwise deal with the land, the consent was granted after December 15, one must search the ownership of all abutting 1978, by virtue of subsection(14), and to make lands backwards to the first to be encountered acceptable subsequent to the consent what in your owner's chain of title of the following would otherwise be a contravention, if the con- possible -start dates', prior to which date Plan- sent was granted after March 31, 1979.(Subsec- ntng Act contraventions are irrelevant tions(12)and (131) 1.3 Laid Reguiruru,w Reform Act.SO I9e41.c.32.I.21 t 4 TM curia re died of les weeeraes was confirmed w1 Re Reeve 8rnu.&rt P•Ikwrr,i i‘0901.?O(1 It v 2d tociriwsersiOS-05 cep Lew Society of Upper Canada Oclatasr 19105 Not kr be use"Or reproduced volliout cinnamon 5 • 14 Real Estate 37th BAC: Phase 3 1, a transfer or deed with the three s. 50(22) 2. Did it occur between June 15, 1967, and statements; June 27, 1970? If so, has a subdivision con- 2, June 27, 1970, provided that no subdivision trol by-law been passed prior to the alleged control by-law has been passed prior to this contravention? If none was passed prior to date; the date of the transaction in question, the Planning Act will not apply. If a by-law was 3 the date of the passage of a subdivision previously passed,the Act would be applica- control by-law passed between June 15, ble 1967, and June 27, 1970; 3. Did the transaction involve the whole of a 4. June 15, 1967, if a subdivision control by- lot or block on a registered plan of subdivi- law was passed prior to June 15. 1967; and cion? If it did, there is no contravention of 5. a Consent,provided its reliability 1s assured s.50.Given the scheme of exemptions,there under s. 50(12) and (14). is no need to search abutting lands where only the whole of a lot or block on a plan of 6. The registration of a plan of subdivision (assuming the land is not the whole lot or subdivision is involved,since it is absolutely block and the plan is not deemed "deregis exempt unless a municipality has passed a tered"under s. 50(4)). by-law "deregistering"the plan pursuant to 50(4) 15 The above dates are significant in that in each case, Planning Act contraventions for a 4 as any conveyance, mortgage or charge particular parcel of land are irrelevant if they been made with a consent'If so,the consent occurred prior to the most recent start datemay have several consequences. If given Once you determine your start date,you search after Decem 15, 1978, the instrument the chain of title of all abutting lands from the with consent appears to cure all prior con- start date to the present. If there is no similarity traventions(s 50(14)) If given prior to De- of ownership between the owner's lands and cember 15, 1978, subject to a court in the abutting lands from the start date to the pre- future ruling that the provision applies to • sent, that is, if no past owner of your land also PreDecember 15. 1978. consents, the can simultaneously owned abutting land, one is as- sent cures prior defects. If you are dealing sured that there has never been a conveyance or with land that appears to involve a contra other dealing with the land while abutting lands vention of the Act occurring after a transfer were under the same ownership or control, and with consent,so long as you are dealing with therefore one can rely on s. 50(3)(b) as protect- a parcel of land identical to that which was ing any prior dealings from being contraven the subject matter of the consent, such con- tions of the Act. travention may be inapplicable because of Where similarity of ownership arises at the s 501121 As a result,a consent may cure all time of a conveyance or other transaction,one is prior defects and also for the purpose of forced td look to the other exceptions or other- subsequent dealings removes the land from wise requisition compliance further application of s. 50(3)and (5i. 5 Has any conveyance included the three 9.2 Considerations When Searching statements for which provision is made in for Contraventions s. 50(21a)? If so, the chain of title cannot be affected by any contravention of the Plan- Upon discovery of what appears to be a Plan- rung Act occurring at any time up to the hung Act contravention,a review of the following registration of this conveyance and. argu- questions may make it disappear- ably, by any contravention in that convey- 1 Is the date of the contravening conveyance once itself. or transaction prior to June 15, 1967' All 6 If a review of the above questions has failed Planning Act contraventions occurring prior to resolve a suspected Planning Act contra- to June 15, 1967, were cured by statute. vention, one must attempt to fit the trans- action within one of the s 5013)exceptions, 11 Pursuant to s SOS Vii.once a plan of auekllvrslo.ria• ary canforenhort of tele piaarrtrig kgabnae Mack mamma pitar ell C doe negthranon n declared nw to prey ni weveyaaGe a CHM=d an Nawar ra ale land, Thos*pars a miosis Oa ane and d roar earth Ae1rM the repstrahan of a pian of whammies Ckf70se 1995 Lar Soy of Upper Cameo_ ._ 9s.tllp Pace err be used cr repro0utatd wr+oue toenrrsasort 37th BAC: Phase 3 Subdivision Control: Section 50 of the Planning Act 5 - 15 the most notable being the -no abutting the long run,the only way adequately to protect lands"exception. oneself and one's clients. Finally,one is reminded that there have been With respect to the law, one must be fully many amendments to the Act since 1967, espe- with the implications of all the sub- cially as the Legislature has struggled to close sections of s.50 and past judicial interpretation, the "loopholes", A transaction which appears to even if this is often of questionable comfort. be a contravention under the current version of Regarding the facts of a particular transaction, the Act may not have been prohibited under the an ever vigilant state of mind is necessary. legislation in force when it was completed. In particular, whatever the type of transac Therefore,one must consider the effective dates tion, one should never hesitate to conduct extra of the amendments,as well as case decisions,in sub searches of abutting lands to confirm that order to determine the validity of a transaction there has been no worrisome change in sur according to the form of the legislation or the rounding ownership since the last full search. common law at that earlier time, Where a client is mortgaging the property, you must confirm that he has not acquired any in- 10. CONCLUSION terest in the surrounding lands since the last full search. Where a client is purchasing land in The Planning Act has a wide range of appli reliance on the no abutting lands"exception, a cations and contains numerous trape for the sub search of the abutting properties should be unwary. The Act is technical and one must be included in the immediate pre-closing prose prepared to follow the tortuous course of s. 50 dares. and its predecessors carefully. Adopting and The effect of a contravention being so ex treme, compliance with the Act is essential. practising a defensive attitude towards the Planning Act may be time-consuming, but is,in f 95.dhp Law Society at Uppur Canada. October 1906 Not to be used or rsproducad without porrress.or, r r . 4 � BY-LAW NUMBER CORPORATION OF THE (name of municiprtlity ) A BY-LAW PRESCRIBING A TARIFF OF FEES FOR THE PROCESSING OF PLANNING RELATED APPLICATIONS WHEREAS, The Planning Act , 1983 , Chapter 1 , Section 68, Subsection ( 1 ) , provides that the council of a municipality may by • by-law prescribe' a tariff of fees for the processing of applications made in respect of planning matters ; AND WHEREAS, The Council of the Corporation of ( name of municipality) deems it advisable to pass such a by-law ; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE (name of municipality) ENACTS AS FOLLOWS: • Pursuant to the provisions of Section 68( 1 ) of The Planning Act , 1983, the following tariff of fees fur the processing of planning related applications is hereby established : TARIFF OF FEES PLANNING RELATED AP} LICATIONS a) Official Plan Amendments : S b) Zoning By-law Amendments : c) Consent Applications: , d ) Minor Variance Applications : S e) Application for Permission : $ ( legal non-conforming uses) f) ,g) 2 . This By-law shall come into force and take effect on August 1 , 1983. READ A FIRST, SECOND and THIRD TIME and FINALLY PASSED this DAY OF 1983. Reeve/Mayor • _— A 4e SCHEDULE 1 THE CORPORATION OF CHI or 132.-LAW NO. Being a by-law prescribing a tariff of fees for the processing of applications made in i respect of planning matters. WHEREAS Section 69 of the Planning Act, 1983 enables the Council of the of to prescribe a tariff of fees for the processing of applications made in respect of planning matters; AND WHEREAS Section 68 of the Planning Act restricts the tariff to meet only the anticipated cost to the for the processing of each type of application provided for in the tariff; NOW THEREFORE, the Council of the of enacts as follows, 1 . THAT the tariff prescribed in this By-law shall apply to cover the anticipated costs incurred by the of in proceaaing the following applications made in respect of the Planning Act, 1983. i) an 'amendment' to (name of municipality) Official Plan in accordance with Section 21 of the Planning Actc 1983. ii) an 'amendment' to the (NAME of MUNICIPA.I.ITY) Zoning By-law in accordance with Section 34, Section 35. Section 36, or Section 38 of the Planning Act, 1963. iii) a 'site plan and site plan agreement' in accordance with Section 40 of the Planning Act, 1983. iv) a 'minor variance' to the (NAME OF MUNICIPALITY) Zoning By-law in accordance with Section 44 of the Planning Act, 1983. v) an extension or enlargement of a building or structure or a change in the use of land, buildings, or struc- tures in accordance with Section 44 of the Planning Act, 1983. • vi) 'plan of subdivision' in accordance with Section 50 of the Planning Act, 1983. vii) a 'consent' in accordance with Section 49 of the Planning Act, 1983. 2. THAT the tariff shall apply to the following municipal functions in the processing of an application listed in Section 1 . i) preliminary review of the subject application (includ- ing the preparation of written reports and maps, site visits, and meetings) by the (name of municipality) Planning Consultant and/or Solicitor where in the opinion of Council this is deemed necessary or desirable; ii) public meeting■ as required under the Planning Act; iii) special meetings of Council where deemed necessary or desirable either by Council,, or where requested by th0 applicant, in respect of the subject spplication. • iv) preparation of any required amendments or agrees'enta in respect of the subject application by the (NAME Or MUNICIPALITY) Planning Consultant. Solicitor or Clerk: v) incidental expenses incurred in the processing of the subject application such as mailing costs, printing chges, and publication charges: vi) preparation for and attendance at an Ontario Municipal Board hearing by the (NAME OF MUNICIPALITY) Planning Consultant and/or Solicitor in respect of the subject application. 3. The tariff of fees in processing applications in accordance with thin ny-law shall be a combination of fixed fees and fees based on a time consumed basis in accordance with the following' i) planning fees' professional planner S per hour maximum planning technician $ per hour maximum secretarial $ per hour max mum ii) legal- fees, solicitor $ per hour maximum iii) public and special meetings $ per of Council ming iv) incidental expenses and S per disbursements app kation . 4. Notwithstanding the foregoing, Council or the Committee of • Adjustment may reduce the amount of, or waive the require- ment for the, payment of the fee in respect of an applica- tion where Council or the Committee is satisfied that it would be unreasonable to require payment in accordance with the tariff. i 5. Prior to commencing the processing of any application listed under Section 1 of this By-law, the (NAME OF MUNICIPALITY) shall require a deposit in an amount not to exceed $ to cover the anticipated costs to the (NAME OF MUNICIPALITY) in processing the subject application, any remaining balance of which shall be returned to the applicant upon deduction of the fees incurred in processing the application pursuant to Section 3 of this By-law. READ a FIRST and SECOND time this day of , 1984. READ a THIRD time and FINALLY PASSED this day of . 1904. HEAD OF COUNCIL CLERK 1 ,.FEES BY-LAW Section 68 - "Council may by by-law prescirbe a tariff of fees ( Therefore : No by-law, no revenue ) Dictionary - "Tariff a schedule of rates or charges for a public utility or service (Therefore : The applicant should know what he is letting himself in for ) The By-law Should : 1 . Set a flat fee applicable to every applicant who submits a specified type of application; 2 . cover only the aniticipated cost to the municipality of processing the application ( i .e . providing an approval or a review authorized under the Planning Act ) ; 3 . be justifiable to the ©MB based on ( a ) an average from past experience or (b) a costing-out of the required procedures . The B -law Coul(2: 1 . Include the time of municipal staff ( ata stipulated rate per hour) in the calculation of the fee . 2 . Instead of a flat fee, provide for the recovery of costs which are stipulated, at a rate which is stipulated, (,example-clerk ' s time at $10 ./hour, advertising in Sault Star at $100 . per advertisement, $10 . for incident- als including stationery, photocopying, and long- distance charges ) . The 6 -law Should Not : 1 . -Include anticipated costs of representation at OMB hearings in the calculation of the fee . 2 . Purport to allow the municipality to determine the fee after dealing with the application, unless the by-law has set out the items and the rates for each item which will be include, in t e ca cu ' ation . Harniivio /l ( Ministry of * it7 Municipal Affairs THAfp E �ntrir and Housing PLANNING ACT GUIDELINE 7 planning • Application Fees C. - A . _ ___i A.lsis 1 INTRODUCTION This guideline is intended to help municipalities establish a tariff of fees for the processing of planning applications as provided for in section 68 of the Planning Act, S.O. 1983. Application fees for zoning by-laws, subdivision plans, official plan amendments and other kinds of development applications are common in many municipalities, although no legislative basis formerly existed for the charging of these fees. Although there appears to be a general acceptance of the principle that municipalities should be able to charge fees, municipal councils may wish to consider the processing of planning applications as a municipal service to be financed out of general taxes rather than • charging a fee. Further, it is recognized that fees for planning applications can also affect the resulting cost of housing, office space and industrial development. It is important,. therefore, that municipalities carefully review and consider the impact of a tariff of fees by-law and the level of the proposed fees, in light of local market conditions in order to devise an equitable and realistic fee structure. The only basis for charging application fees is through a municipal by-law passed under section 68 of the Planning Act, S.O. 1983. The legislative provisions, policy matters and municipal requirements related to applica- tion fees are set down to help those municipalities that choose to pass such by-laws. 2 IJACRG R ouI'' Throughout the review of the municipal planning process it became apparent that fees for planning applications should be permitted. However, views differed on how the fees should be determined and what legislative provisions would be needed. One of the underlying principles of section 68 is that the fees established by municipalities are to meet only "the anticipated cost.,pf the pro cssing.pf_cach_typc of application". Tariff by-laws should riot be viewed as a means to raise revenue or increase municipal sefvices, and should not be confused with impost fees or lot levies required by many municipalities. The proccssiii of development proposals must.be v.iewctias being part of the standard services provided by municipalities. It was recognized that the legislation should not prescribe the actual fees to be charged. It is more appropriate for municipalities to prepare their own tariff of fees based on their own actual costs because conditions vary so much across the province. 3 THE LEGISLATION The intent of section 68 of the Planning Act is self-explanatory. The legislation provides a simple, straight-forward way of establishing application fees, while at the same time permitting municipalities the flexibility to tailor a by-law to their own municipal review and approval process. The following is a synopsis of the legislative highlights for the four subsections that comprise section 68: Section 68(1) • a municipal council may pass a by-law prescribing a tariff of fees • the tariff must only apply to the anticipated cost of processing a planning application; • • a municipal council, through its tariff by-law, may set the fees to be charged by its committee of adjustment and land division committee; • no approval of the by-law, beyond that of municipal council, is required. Section 68(2) • the fee set by by-law may be reduced or waived entirely in specific cases or a specific application where this is considered appropriate; • the use of this option must be made by the body empowered to approve the application (i.e. council, committee of adjustment, land division committee) and should be done in the form of a resolution or decision of the appropriate body. Section 68(3) • a person may pay a fee under protest and appeal the amount in writing to the OMB within 30 days of paying the fee. Section 68(4) • the OMB must hold a hearing on an appeal; • the Board can dismiss the appeal or direct a refund be made and its decision is final. 4 TARIFF OF FEES BY-LAWS Municipal Actions In the development of the fee structure to be included in the tariff of fees by-law, municipal councils should consider a consultation and review process. Actions that a council may wish to consider arc: • a historical review of costs incurred inP rocessing planning applications; P • a review of costs presently incurred in processing the various types of planning applications; • consultation with the senior planning and financial officers and municipal solicitor; • consultation with the municipal committee of adjustment and land division committee on matters under their jurisdiction; • consultation with the planning board (northern Ontario); • consultation with residents of the community; • consultation with the development industry working within the municipality. Basis for Establishing Fees During a municipal council's consideration of a tariff of fees by-law. the following points • should he kept in mind: 0 • rho fors rccahlichrrl chnrrld only ism& to a Mannino matter which requires an anolica- • the fees should only relate to the costs incurred by a municipality in processing a planning application; • the fees should primarily be based on the staff time and associated costs needed to carry} out the review of a planning application by the municipality; • the fees should only relate to the cost incurred in processing the application during the time period leading up to a decision by council, including post notification; • the fees should be reasonable and defensible as they can be challenged resulting in an appeal to the OMIT.' In establishing a tariff of fees by-law, municipal councils should carefully consider whether subsequent costs should be charged, as a result of an OMB hearing. Where there is a dispute between an applicant and the municipality, it is unfair to require the applicant to pay a fee as the municipality would be in a position to recover its costs no matter what the decision was. More importantly, to permit OMB costs to be included in a tariff of fees by-law would conflict with the Board's jurisdiction to award costs where it is felt appropriate. On the other hand, where the applicant and the municipality are in agreement on an application and the municipality is in effect making the request to the OMB on behalf of the applicant, then recovery of some part of the municipal cost through an application fee seems reasonable. 5 BY-LAW CONTENT The exact content of municipal tariff of fees by-law will vary depending on the individual circumstances existing in a municipality. The following matters should be considered for inclusion in a tariff of fees by-law: Types of applications • municipalities should clearly specify the types of planning applications that the tariff of fees by-law will apply to (i.e. zoning by-law amendments, minor variance, etc.); • matters not included in the by-law cannot be the subject of a fee, Classification of applications • municipalities may wish to devise ways of applying specific fees for different classes of applications (e.g. simple/complex, minor/major); this would be useful in order to establish an equitable distribution of costs, recognizing the different demand made on municipal staff services by particular development applications. For example, a lower fee would be appropriate for a single family "spot zoning" amendment as opposed to a major amendment for a shopping centre. Processing steps • a tariff of fees by-law should be based on the specific functions of the municipal review and approval process for which lees will be charged(this may be included in a schedule to the by-law); • although the planning process may vary somewhat from municipality to municipality, councils should consider the basic steps established in the Act and associated Resole- _ • • the processing steps relate to the normal review functions performed internally by the municipality; • additional matters that arc part of an individual municipality's planning review process 0 should be set out in the by-law. Fees and associated methods of charging fees • a tariff of fees by-law by definition must stipulate a fixed fee in respect of each application specified; • in establishing a fixed fee, municipalities may wish to charge a flat fee (e.g. minor variance$150.00)or a fee based on a time consumed basis(e.g. minor variance $25.00 per hour or$75.00 per day) or an average fee based on costs incurred in the past (e.g. minor variance $200.00)*; • whichever manner(e.g. fixed,per hour,average,per diem, etc.)a municipality chooses as a basis for fees, the tariff by-law must clearly set it out; • fees may also be established based on the classification of applications set out in the by-law (i.e. single family zoning amendment $400.00, major commercial zoning amendment $1,000.00)'`; • other costs that a municipality wishes to charge for,such as disbursements, must also be specified in the by-law. 6 FEES CHARGED BY PLANNING BOARDS (NORTHERN ONTARIO) Section 68 of the new Act does not empower planning boards in northern Ontario to charge fees. Ontario Regulation#481/83, passed pursuant to subsection 69(d)of the Act provides Planning Boards with t m uthority. Prior to passing a tariff of fees by-law pursuant to Ontario Regulati ;pl)Snning boards should consider the matters set � out in this Guideline. .✓ ' T 7 CONCLUSION The provisions and principles established by section 68 of the Planning Act allow municipalities enough flexibility to devise a tariff of fees by-law to meet their specific needs. The appeal mechanism established in subsection 68(3) means that municipal councils should carefully consider the content and resulting fee structure. Prior to passing a tariff of fees by-law, consultation with your municipal solicitor and other appropriate municipal officials should occur. • , - ,. .. ,. • ., ... ., - • cons and atoaid amt be rid so For further information contact any of the following offices of the Ministry of Municipal Affairs and Housing: Community Planning Advisory Branch Central Region South East Region South West Region 47 Sheppard Avenue East 244 Rideau Street 495 Richmond Street 2nd floor 3rd floor 7th floor Willowdale, Ontario Ottawa, Ontario London, Ontario M2N 2Z8 KIN 5Y3 N7A 5A9 ' Telephone: (416) 224-7635 Telephone: (613) 566-3801 Telephone: (519) 673-1611 ZENITH 52650 ZENITH 52650 TOLL FREE 1-800-265-4736 . North East Region North West Region 1191 Lansing Avenue 435 James Street South Sudbury, Ontario Thunder Bay, Ontario PA 4C4 P7C SG6 Telephone (705) 560-0120 Telephone: (807)475-1651 TOLL FREE 1-800-461-1193 ZENITH 52650 Plans Administration Branch—North and East 777 Bay Street • 14th Floor Toronto, Ontario M5G 2E5 416-585-6014 Plans Administration Branch—Central and Southwest 777 Bay Street 14th Floor Toronto, Ontario M5G 2E5 416-585-6014 Local Planning Policy Branch 777 Bay Street 1 13th Floor Toronto, Ontario MSG 2E5 1 416-585-6225 I r-- i M • •Additional copies of this publication and the following guidelines on the Planning Act are available directly from: Ontario Government Bookstore, 880 Bay St., Toronto, or write to: • Ministry of Government Services, Publications Service, 880 Bay St.; Toronto, M7A 1N8, (416)965-6015. 1, Planning Advisory Committees(January 1983) 2. Local Planning in Northern Ontario(January 1983) 3. Delegation of Minister's Authority (January 1983) 4. Community Improvement(March 1983) 5. Working with the New Regulations (August 1983) 6. Official Plan Policies on Public Notice (August 1983) 7. Planning Application Fees (August 1983) Cerre publication est egalement disponible en frw it ais. Ministry of ,PPbhihnth, Municipal Affairs Local Planning Pu hc) Branch t l�h'glow THE CORPORATION OF THE VILLAGE OF PORT BURWELL Post Office Box #10 21 Pitt Street Port Burwell, Ontario NUJ 1TO BY-LAW 95-04 Being a By-law to amend bylaw 94-23 authorizing participation in the Ontario Municipal Employees Retirement System (OMERS) in respect of employees. WHEREAS pursuant to section 15 of the Ontario Municipal Employees Retirement System Act, R.S.O. 1990, Chapter 0.29 as amended, a council may by By-law participate in the Ontario Municipal Employees Retirement System (the System) on behalf of its employees and pay to the Fund the total of the employer and employee contributions, and has all the powers necessary and incidental thereto: NOW THEREFOREthe Council of the Corporation of the Village of Port Burwell amends Section 1.0 only to as follows: 1.0 The Employer hereby elects to participate in the Ontario Municipal Employees Retirement System in respect of its employees as of the first day of January, 1995 and authorizes the Administrator/Clerk- Treasurer to submit forthwith a certified copy of this By-law to the President of the Ontario Municipal Employees Retirement Board. 1 i • Read, a first and second time this ' hh da of la ary., 1995. /14 r ,zi / AO Reeve .1.400 A :• nistrator/Clerk-Treasurer o Read a third tim d finallyi `=sec{ t `. 10t day of January, 1995 i ► 4 AKrte Adm isk atorf'Clerft-Treasurer a THE CORPORATION OF THE PO R r 80 VILLAGE OF PORT BURWELL ..**411111071r11111111ir- P. O. Box 10, Port Burwell.Ontario NOJI ITO 40.4114: III 4tetephone(519)874-4343 • fax(519)874-4948 ttE.i' 4 PoRrus REFuoso Fax Cover Page Date: 3C4.ni !gig< To: 1- akfnar-i O- Chc ire "ell 'S°Ck • Organization: Fax Phone No: 44‘e- 2 -4IZ fa?! i - _ Person Sending Sorknei 1'6-4E1' Pages tu Folios/. (including cover page) Message. iTh ' eneIQ LJic reiCk-tit0 CAI Y114 bv_ ht.A....) pe-ritratilg 4 kt rarvi ye dab C qc: 4 /ft/ o a ry 401 if 1. oc-Icy rb,-1-voitele Eke ppezz,c ick toSSO.V Signed: David R. Frog, CET,AMCT(A) • Admiadstrator/Oaric-Traasurtir • 0 ONTARIO MUNICIPAL EMPLOYEES RETIREMENT BOARD w,„1, a a,• 'r Y'. • To (41111)369-2404; . F111, 14M 3404217 Rsf ogee ° 4111111111December 22, 1994 Ms. Suzanne Dieleman Mantel The Corporation of the Village of Port Burwell P.a_ Box 10 E 1 v 21 Pitt Street Port Burwell, Ontario NOJ ITO RE: BY-LAW 94-23 Dear Ms. Dieleman Mantel I am writing in response to your letter dated December 1, 1994 to Mr. Lou Vertolli regarding your by-law 94-23 and your subsequent telephone conversation with Mr. Jan Haakman. As Mr Haakman mentioned, since the effective date on the by-law 94-23 is September 1, 1994 and you have indicated that the actual effective date is January 1,. 1995, we will require an amended by-law or a new by-law in order to process the enrolment of your employees in the OMERS pension plan We look forward to this information at your earliest convenience If you have any questions please feel free to contact Mr Jan Haakman or the undersigned Yours truly, /k/31-4(2,44.(2. f(J Charlene McKissick Supervisor, Membership Pension Division The Corporation of die Village of Port Burwell Post Office Box #I0 21 Pitt Street Port Burwell, Ontario NOJ IT0 By-Law 95-05 Being a By-Law to appoint Redfern More &Company as the Municipal Auditors. WHEREAS the Municipal Act as amended, R.S.O. 1990 c. M.45 s. 86 to 90 and 94(3) requires the appointment of municipal auditors for a period not less than one (1) year and not greater than five (5) years. The Council of the Village of Port Burwell hereby appoints Redfern More & Company as the municipal auditors for a period of one (1) year with an option to renew for an additional year per the terms and conditions of the contract and tender per By-Law 94-42. This by-law shah come into force and effect on the date of its passing. Read a first a coed time this 10th day of January, 1995. Z.,"/// f),K, Reeve t'eVe 1111. f orAMIP' Ad i+strator/Clerk-Treasurer Read a third ti d fi. . passed on this 10th day of January, 1995. e �L✓4 •I: rator/Clerk-Treasurer The Corporation of the Village of Port Burwell P© Box 10 21 Pitt Street Port Burwell ON NOJ ITO By-law 95-06 Being a bylaw to formally establish a Petty Cash Fund. Whereas the Municipal Act RSO 1990 c. M. 45 as amended s. 79 directs the Treasurer to receive and take care of and disburse money, and Whereas section 79 paragraph 4 of the Municipal Act permits that council may by bylaw establish a petty cash fund to he under the authority and administration of the Treasurer. The Council of the Village of Port Burwell hereby ratifies the establishment of the Petty Cash Fund and directs the Treasurer to manage the fund under the condition as follows; 1. The petty cash fund will carry a balance of no more than $200.00 and replenished as required per the terms of this bylaw. 2. The petty cash fund will be used as follows; - purchase of nominal amounts of goods and services for administration and public works department in association with business on behalf of the corporation. - for small expense advances (meals, parking, photocopies, etc.) in consideration of employees travelling costs in association with business on behalf of the corporation. - purchase of emergency items (administration, council and public works) for the effective and efficient operation of the municipality and where pre- % 1 authorized accounts are not established with vendors. 3. 1'he Treasurer shall submit to council no less than on a monthly basis, a statement of expenditures in a acceptable prescribed format as part of the financial reporting. 4. Receipts shall be obtained and submitted for all purchases made from the petty cash fund or a memo detailing the purpose and nature of the expenditure. This bylaw ratifies previous financial activities and comes into force and effect on the date it receives final approval. • R.ad a first .d tim this 10th d of January, 1995. Reeve %' istrator/Clerfi-Treasurer Read a third'an. nal time this 10th day January, 1995. / ALAIAil W �1 / [� 4 Admi, trat r/Clerfr-Treasurer s Village of Port Burwell Petty Cash Appendix 2.8.2 Cheque repsrdshes ] Petty Cash Fund to $200.00 ony (era tom) Each transaction documented in New tews Petty Cash Journal and \ Expense ledgers \ (Reconciliations performed Monthly) Cash withdrawals for Purchases. Receipts for purchases returned • to Petty Cash File ElMaregewswi Newvrews Statement submitted sys tem Statem monthly with Financial Statement filed m Expen Reporting to Council I < ePff > ' Records Management monthly System for audit review Petty Cash Fund replenished if Westhoff $150.00 Nat Establishment of a Petty Cash Prepare Cheque Fund in concert with the Municipal • Yee to replenish fund to Act, RSO 1990 c M 45, as $200 00 amended s 79 (4) and Municipal Bylaw 95-06 The fund is to be used for emergency, incidental and minor purchases including small expense advances (less than $50 00) which do not warrant the formal process of producing a cheque considering small amount of purchase and the availability of authority for cheque signatures Funds to be kept in secure location (Municipal Safe) accessed by Officers of the corporation or authority otherwise delegated The Corporation of the Village of Port Burwell PO Box 10 21 Pitt Street Port Burwell ON NOJ 1TO BY-LAW 95-07 Being a by-law to provide.a policy for the purchase of goods and services. WHEREAS section 102 of the Municipal Act, R.S.O 1990, c. M.45 as amended gives Council general powers to pass by-laws; NOW THEREFORE, the Council of the Corporation of the Village of tin Burwell enacts as follows; 1. That Schedule "A" attached and forming part of this by-law shall he the Purchasing Policy of the Corporation of the Village of Port Burwell and its Local Boards and Committees. 2. This bylaw ratifies previous financial activities and comes into force and effect on the date it receives final approval. Read a first and second tiroe this 28th ..:y of February, 1995. JP Peeve +rn istrator/Clerk-Treasurer 1 ` w Read a third a final tine this day of February, 1995. I � r�► Reeve/" Admin. rator/Cleriz-Treasurer 2 Schedule "A" To By-Law 95-07 THE CORPORATION OF THE VILLAGE OF PORT BURWELL A Policy for the Purchase of Goods and Services for the Village of Port Burwell inclusive of its Local Boards and Committees. 1.0 DEFINITIONS For the purposes of this policy the definitions as set out in this rection shall apply: 1,1 "Approved Budget" means the total budget as approved by Council for the current fiscal year. 1.2 "Contract" means any agreement, written or oral, including leases and rentals between the Village of Port Burwell and another party or parties for the supply of goods or services at a specified price. 1.3 "Normal Operating Expenditure" means expenditures of an operational recurring nature and does not include one-time special or Capital expenditures. 1.4 "Council" means the council of the Village of Port Burwell in accordance to the Municipal Act, RSO 1990 c. M. 45. 1.5 "Local Board" means a local board of the Village of Port Burwell as defined by bylaw in accordance to the Municipal Affairs Act, RSO c, M. 46 and other legislation as applicable, including the Port Burwell Historical Society (Museum Board) and the Port Burwell Recreation. Burd. 1.6 "Administrator/Clerk-Treasurer" in accordance to the Municipal Act RSO c. M. 45 is an officer of the corporation and shall have the powers and authority as described for the Chief Administrative Officer(Section 72), Clerlr(Section 73), Treasurer(Sections 77, 79, 81, 82 and 83) and Collector (Section 85). 3 Schedule "A" to Bylaw 95-07 1.7 "Department Head"means a person appointed by bylaw to manage on behalf of the Corporation the specific requirements of the municipality as described within the bylaw and Position Description. 1.8 "Consultant" means a person andlor a company who on behalf of the Corporation has been formally commissioned by bylaw to provide professional services in the affairs of the municipality ie lawyers, engineers, planners, computer consultants, auditors/accountants. 1.9 "Committee" means a subsidy body of persons within the municipal structure as appointed by council by bylaw, without the authority of legislation to provide advise to council on specific local issues and matters. 2.0 APPLICATION OF THIS PURCHASING POLICY This purchasing policy shall apply to the purchase of all goods and services made on behalf of the Village of Port Burwell and Local Boards within the municipal structure in accordance to the Municipal Affairs Act, RSO 1990 c. M. 46 as amended. 3.0 GENERAL CONDITIONS - APPROVALS When a purchase of goods or services is contemplated, the general conditions with respect to approvals set out herein shall be followed: 3.1 The Department Head shall ensure that all goods or services to be purchased are authorized in the approved budgets. 3.2 When goods or services to be purchased, in order to accomplish Council approved priorities and programs, would cause the approved Budget to he exceeded, the Department Head shall report to the Administrator/Clerk-Treasurer who shall obtain the prior approval from Council prior to engaging in a contract, subject to 3.3 herein. 3.3 Prior to the approval of the Current Budget a Department may incur normal operating expenditures up to 50% of the previous year's Budget. 4 Schedule "A" to Bylaw 95-07 ' f 4.0 PROCEDURE FOR THE SELECTION OF SUPPLIES OR SERVICES 4.1 Veal Quotations a Orders for goods or services with a value between $1,000.00 and $2,500.00 shall not be placed until at least three(3)verbal quotations are obtained. These quotations must be documented on the Quotation Summary Form or memo. In the absence of quotations from three suppliers for the goods or services requested, or if the lowest quotation that meets all acceptable standards and specifications is not selected then an explanation on the Quotation Summary Form is required in all cases. 4.2 Written Mations Orders for goods or services with a value between $2,500.01 and $25,000.00 shall not be placed until at least three (3) written quotations are obtained. A written specification must accompany the request to all potential suppliers for goods or services ordered with a value greater than $10,000.00. The written quotations must be summarized on the Quotation Summary Form or memo. In the absence of three suppliers willing to provide a written quotation for the goods or services requested, an explanation on the Quotation Summary Form will he required. If the lowest quotation that meets all acceptable standards and specifications is not selected, the Department Head must report to the Council prior to the purchase of the goods or services. In all cases, the purchase of goods and services must be authorized by Council through the Administrator/Clerlr-Treasurer prior to procurement. 4.3 TentLrs 4.3.1. All goods or services to be purchased with an estimated value exceeding $25,000.00 must he tendered in writing. 4.3.2. All tenders shall be publicly advertised. The tender advertisement must allow sufficient time between the advertisement and the closing date of the tender to allow suppliers the opportunity to examine details pertaining to the tender, to obtain all necessary documents, and to complete and submit the formal tender documentation. The tender 5, Schedule "A" to Bylaw 95-07 advertisement and other procedures in considering received tenders should follow guidelines established by the Ministry of Transportation of Ontario for Municipal Tendering Procedures. 4.3.3. Tenders shall be opened publicly at a pre-determined time in the presence of the Chairman of the appropriate Committee/Local Board (as applicable) or designate and the Department Head or designate. 4.3.4. Following a thorough review of all tenders received, a report/letter must be prepared by the consultant and/or the Department I lead to Council through the Administrator/Clerk-Treasurer recommending the preferred bid. 5.0 EXCEPTIONS TO PROCEDURE FOR SELECTION OF SUPPLIERS All purchases of goods and services will be in accordance to the terms within this bylaw excepting the terms and conditions as per the petty cash fund bylaw, as amended under the criteria as follows; 5.1 Emergency Purchases Emergency purchases are described as when the circumstances warrant immediate action or when health and safety and the public interest are in jeopardy, and where this method of purchasing would result in an over-expenditure or an unbudgeted expenditure of $2,500.00 or more. Emergency purchases require the approval of the Administrator/Clerk-Treasurer and must lie immediately reported to Council by memo or letter from the department, head/consultant and/or the Administrator/Clerk-Treasurer with circumstances. Council shall ratify the purchase by resolution and make provision within the current years budget for the expenditure. 5.2 Qualified suppliers are defined as suppliers of goods or services of a specialized nature which, due to the nature of the goods or services, make it impractical to change suppliers frequently. Banking, legal, ( Schedule "A" to Bylaw 96-07 audit, and insurance are examples of services which would require qualified suppliers. It will he the responsibility of the Administrator/Clerk-Treasurer to assess the appropriateness of using qualified suppliers. Ongoing contracts with qualified suppliers, where annual expenditures exceed $5,000.00, will he reviewed at a minimum of every three years by Council in order to assess the continued suitability of those suppliers. The Administrator/Clerk- Treasurer will he responsible for preparing such a review. 5.3 Proposal Method of Purchasing This method of purchasing shall he used only where the expertise for developing proper specifications lies in the hands of the supplier, or where additional information is required and it is impractical to call for tenders, such as in the retention of consulting services. A minimum of three proposals must he documented on the Quotation. Summary Form. The Administrator/Clerk-Treasurer must report to Council recommending a preferred supplier if the recommended proposal exceeds $25,000.00. 5.4 Co-operative Purchasing Council and Administration will have regard to the Co-Operative Purchasing Agreement and will not deviate from the terms and conditions of said agreement however, will attempt to use local vendors, suppliers and contractors where cost effective and appropriate at the discretion of the Administrator/Clerk-Treasurer. 6.0 PURCHASING PROCEDURES 6.1 No purchase shall be made by persons other than the Officers of the Corporation of the Village of Port Burwell inclusive of local Boards and Committees without the prior authorization of the Adrn,inistrator/Clerk-Treasurer or his/her designate. 6.1.1 No councillor, contractor, department head, consultant, hoard member shall engage services of other consultants or subconsultants without the prior approval of the Administrator/Clerk-Treasurer. • 7 Schedule"A" to Bylaw 96-07 6.1.2 No councillor, contractor, department head, consultant, hoard member shall purchase goods or services without the prior approval of the Administrator/Clerk-Treasurer, 6.1.3 No councillor, contractor, department head, consultant, board member shall engage services of staff without the prior approval of the Administrator/Clerk-Treasurer. 6.2 Exceptions to Section 6.1: - petty cash purchases for all departments and hoards (purchases from petty cash fund will be in accordance to the bylaw governing this matter, as amended). - utilities, telephone, benefits, payroll remittance, county and school hoard levies, employee expense claims, maintenance and long term contracts prior approved by council, 6.3 Without exception the appropriate invoice along with all accompanying documentation, including the Quotation Summary Form or memo, will he forwarded to the Administrator/Clerk- Treasurer for approval of payment. The Department [lead will review and approve as appropriate, the documentation as being in good order and that departmental spending is within approved budgetary levels, as prescribed by Municipal Council. See Accounts Payable Management Flow Chart attacked as Appendix 3.4.0 6.4 Tenders/Quotations that are equal in price shall be decided on quality, performance, references and service, among other factors considered relevant to the service or goods. if both suppliers are judged to he equal in price, quality and service, a flip of the coin in the presence of both suppliers would determine the successful bidder. 6.5 A copy of the Quotation Summary Form shall be sent to the Administrator/Clerk-Treasurer who shall inspect each form for compliance with the policy. The Administrator/Clerk- Treasurer shall sign the form indicating that he/she has reviewed it. The Department Head who authorized the purchase, is ultimately responsible for the 8 Schedule "A" to Bylaw 96-07 a transaction. 6.6 Invoices and discrepancies with suppliers which can not be verified or approved by staff must he detailed by memo to the Administrator/Clerk-Treasurer of the circumstances considering deficiencies (or misunderstandings) in services or goods provided. The Administrator/Clerk-Treasurer will expeditiously seek a resolution and a formal settlement in the matter with the vendor. If the matter can not he settled by staff council will receive all reports on the matter for final review and resolution. 6.7 Unique and specialty purchases (artifacts, equipment, payment of recreational services (umpires and referees) for the Recreation and Museum Boards are exempt from the quotation requirements of this by-law. 9 Schedule "A" to Bylaw 95-07 . . Village of Port Burwell Accounts Payable Mgmt Municipal Operations Appendix 3 4 0 Gaecis& Budget By-Law end 9 Swim Purchasing policy is Orderedtry Step order Consulted prior lo placing } Invoice Returned to Contractor s Bile Rsdo sd&Oillad . by Mica$ Vss r— B■a Circulated to Rapt �Venfied &Bill Questioned -4 NoReads for Approval Vea Approved No 9 iinvoice Apprd by CAO Municipal GST robot• cataiamsd id the ems or syrup Input GST Rebels oppeed ror ivory at Ito bsgrnning or sack L— w_ Mow Financial '' ‘4"' Reporting leaden anterad !Recreation itis Miwviawa 1 biusueni i Ando PayableBoards review and Approve Accts Payable at rsguiar r board meetings • commansurets annum! irr+orca lied r - "i°""lt" SuspM»i tie, Vendor Acropvb �ooncisd Trsaeursr reviews & approves n Newman Monthly el the r e p p r t e n or .%N : ssrns turns as Bank R.canci�xrs accuracy i nag* Iiiii ouncll&Boars,: \\\::\ l ' Review and Approve AfP by Resolution di Income it ChowsReeve 6 Stub Filed to Vender Cheques Prepared.4,441114 Treasurer 'Sign Oconee Flo C3 Pert CPPIPPOR Cheques % C ktequei Mail ' to Vendor Schedule "A" Bylaw 9 -07 Village 0f Port Burwell Quotation Summary Form Department Verhal (>$1,000‹=$4,999) Good or Service Requested: Written (>$5,000<=$24,999) Supplier Price Remarizs • Use reverse side/memo to provide additional information if required This document must he filled out for the alcove-noted verbal or written quotation amounts. If less than three quotations are obtained or if the recommended quotation is higher t .an the lowest quotation that meets all acceptable standards and specification, an explanation must be provided on this form. Approval from Council is required if the amount of the purchase is greater than $2,500.00 and the recommended quotation is higher than the lowest quotation that meets all acceptable standards and specifications. Recommendation Signature _ Date Department Head Signature Date - Treasurer OF PORT9� THE CORPORATION OF THE �y VILLAGE OF PORT BUR'V"VELL `!•- P. O. Box 10. Port Burwell, Ontario N(li ITO 4f telephone (5I9) 874-4343 • fax (519) 874-4948 $13:01it PORT115 REFIAVLO Memo • To: John Maddox From: D. Free Re: Purchasing By-Law File: COI 95-07, A16 M MAI Date: January 26, 1995 Please find attached the proposed Purchasing By-Law for the Village of Port Burwell, inclusive of the Petty Cash Fund By-Law. 1 would request that you review the Purchasing By-Law providing your comments with regards to Port Burwell's current structure. I have attempted to incorporate the requirements of the KMD Report, and in this matter I have made suggestions with regards to the restructuring of Port Burwell's organization visa vie the Recreation Board and the Museum Board. I have attached a tentative organization 'flow chart dealing with this specific matter for your perusal as well. I am anxious to have this matter auliclminatl 15 Council and the various Boards and would appreciate your comments no later than Feinutty 10, 1996. /1 ree Encl. . David R. Free, CET, AMCT(A) Admir+istntor/Cleric-Treasurer Date: January 13, 1995 To : David Free From: David Mason Re : Proposed Purchasing Policy Bylaw 95-07 In reply to your request for a response to this proposed bylaw, • I have given it careful consideration. As a member of Council I appreciate the necessity of such a bylaw to put controls on purchases and to avoid debt situations . Therefore, I support your draft . However, I do require several clarification of a minor nature that can be addressed later. When I put on my other hat as chair of the Museum Board , I question whether 6. 1 .2 appears to conflict with the existing museum bylaw. This existing bylaw states that all museum expenditures exceeding $500 .00 must be approved by Council . Consequently, would the museum bylaw require an amendment or be rewrtten? Due to inflation since 1988 this restriction is becoming somewhat limiting. If it could be increased to $700 . or $800 . and receive your approval, Council would not need to be directly involved. Concerning 4. 1 and 4 .2, purchasing of artifacts usually means that the items required are one of a kind. Therefore, more than one quotation would not he possible. Concerning 6.2, I would presume that petty cash purchases would be applicable to the Museum Board . In consideration of the above concerns, I can see no reason why the Museum Board could not function under your proposed purchasing bylaw. David Mason By-Law number 88- 11 Being a by-law to establish a Community Historical Boards known as the Port Burwell Community and Historical Board. WHEREAS Section 208 paragraph 23 RSO chapter 302 The Municipal Act empowers Council to pass a by-law for the keeping in the custody of the Municipality things of historical value or interest donated or loaned to the Municipality and for entering into agreement with the donor or lender. WHEREAS Section 208 paragraph 57 it► m (e) Chapter 302 RSO empowers Council to appoint such number of persons who are qualified to he elected as members of Council to act on its behalf as a board of management for maintaining operating and managing the Lighthouse and the Museum. COUNCIL enacts as follows ; I . The Community Historical 'Board shall consist of Kt Irra�,t three persons appointed by Council to hold Office at the pleasure of Council . These persons may be appointed by resolution . 2. The Board must have all capital expenditures in excess of five hundred dollars approved by Council prior to spending . 3 . The Board must meet at least three times a year . 464,- 4 . at4 . The foumm by virtu of him Office shall be a member of the Board wi3 - full rights of a Board member. 5 . The Board may establish its own bank account under the care and control of the Municipal Treasurer. 6. The Board is hereby charged with specific duties of (a) operating the Museum '(b) operating the Lighthouse I (c ) promotion interest in the history and heritage of Port Burwell 7 . The Village of Port Burwell will (al maintain ownership of the Lighthouse and Museum Ibl provide all insurance coverage (el pay such remuneration to the board members from time to time as Council sees f . t . / —I MOVED BY `. SECONDED BY1111-c, 4 N. —, . , Le 2r f e That by-al11)l Her ad a first ti rani and rigid . .,1 / 1 MOVED BY/1 _2 # V SECONDED BY _ • ATE 1' C That by-law 88- 11 be read a s and time . osigrb1nd d i t ensed . MOVED SY f ED BY1111,1/7f ( DATE !( That by-law r 8 -11 be r ad a third time. Reading dispensed wit , finally nfi�sel. (.../i."4„ dm) 41) 12t4... , OAVI‘dij ,1,_,,e „tic, , , , 1 f (sc, PORT THE CORPORATION OF THE 4111101111b.4:... , �t VILLAGE OF PORT BURWELL P O. Box IC. Port Burwell. Ontario INOj ITO r1' -' telephone (519) 874-4343 • fax (519) 874-4948 1114 T'OR1U5 REFUG00 Memo Date: January 24, 1995 To: Council/Department Heads/Staff/Local Boards From: D. Free Re: Proposed Purchasing Policy Bylaw 95-07 Comments received to date The Purchasing Policy Bylaw previously introduced has received only one comment and that was from Councilor Mason. His Memo is attached for your review. Mr. Masons points are valid and some have been addressed through a revision in the bylaw highlighted (in bold) for councils consideration. 1 would suggest in regard to the Historical Society Bylaw 88-11, it will he revisited in order to conform to an organization which will comply within a viable and responsible municipal structure (the Recreation Board included,). This concern has been addressed previously by auditors and MMA. The concerns of Mr. Mason are addressed on a point by point basis as follows; The museum hoard bylaw amendment suggestion; 1 am currently developing a proposed change in the bylaws and structure of the boards in order to comply within a Procedural bylaw as required with Bill 163 and standard operating practices. As information becomes available 1 will circulate the various sections for comments. The "artifacts" issue has been addressed in a new section 6.7 which deals with unique and specialty items which boards and departments coy encounter. Section 6.2 has been further detailed to malre access to the petty cash fund by the Boards and departments accordingly. David R. Free. CET.AMCT(A) • Administrator/Clerk-Tnsasurier Please review and provide your comments accordingly in order that the bylaw may be considered for implementation for the February 14, 1995 council meeting David R. Free Ends, 2 pF POP T 90THE CORPORATION OF THE 41111041111111116.!...41111:1? VILLAGE OE PORT BURWELL P 0 Box 10. Port Burwell. Ontario NO) I TO telephone (519) 874-4343 • fax (S 19)874-4948 ONE:0, pOfTUS REfIJG" Memo Date: January 8, 1995 • To: Council/Department Heads/Staff/Local Boards From: D. Free Re: Proposed Purchasing Policy Bylaw 95-07 I have developed and prepared the attached Purchasing Policy Bylaw for enactment at the earliest passible convenience of council. Please review its contents expressing any concerns with regards to how this bylaw may affect your operations. Considering the mandate of council in this matter and councils direction to the Administrator/Clerk- Treasurer this bylaw has been drafted in order to formalize and clarify the authority of all parties concerned in order to comply with the requirements of the Municipal Act and other tandem legislation, notwithstanding conventional municipal operations. 1 require a response no later than January 20, 1995. David R. Free Encls. 1 ik Dav d R Free. CET. AMCT(A) • Admonestrstor/Clerk-Treasurer THE CORPORATION OF THE COUNTY OF ELGIN A Policy for the Purchase of Goods and Services urrosl: The purpose of this policy is to standardize procedures to ensure fair and equitable practices for the procurement of all County goods and services, taking into account the Municipal Guide- lines regarding the Ontario-Quebec Procurement Agreement as indicated in Appendix 'A' attached. 1. DEFINITIONS For the purposes of this policy the definitions as set out in this section shall apply: a) "Approved Budget" means the total budget as approved by Council for the current fiscal year. b) "Contract" means any agreement, written or oral, including leases and rentals between the County of Elgin and some other party or parties for the supply of goods or services at a specified price. c) "Normal Operating Expenditure" means expenditures of an operational reoccurring nature and does not include one-time special or Capital expenditures. 2. APPLICATION OF THIS PURCHASING POLICY This pufchasing policy shall apply to the purchase of all goods and services made on behalf of the County of Elgin. 3. GENERAL CONDITIONS APPROVALS When a purchase of goods or services is contemplated, the general conditions with respect to approvals set out herein shall be followed: COUNTY OF ELGIN ((liu11111 c9.q* e4el5* 4aobi o 0 krAlk4s* PURCHASING POLICY MARCH, 1996 2 a) The Department Head shall ensure that all goods or services to be purchased are authorized in the approved budgets. b) When goods or services to be purchased, in order to accomplish Council approved priorities and programs, would cause the approved Budget to be exceeded, the Department Head shall report to County • Council through the respective Standing Committee to obtain the approval of Council prior to engaging in a contract, subject to sub-clause (c) herein. c) Prior to the approval of the Current Budget a Department may incur normal operating expenditures up to 40% of the previous year's Budget. 4. PROCEDURE FOR THE SELECTION OF SUPPLIES OR SERVICES a) verbal Quotations Orders for goods or services with a value between $1, 000.00 and $4 , 999.00 shall not be placed until at least three ( 3) verbal quotations are obtained. These quotations must be documented on the Quotation Summary Form. In the absence of quotations from three suppliers for the goods or services requested, or if the lowest quotation that meets all acceptable standards and specifications is not selected then an explanation on the Quotation Summary Form is required in all cases . b) Written Quotations Orders for goods or services with a value between $5, 000. 00 and $24, 999.00 shall not be placed until at least three (3) written quotations are obtained. A written specification must accompany the request to potential suppliers for goods or services 3 - ordered with a value greater than $10,000.00. The written quotations must be summarized on the Quotation Summary Form. In the absence of three suppliers willing to provide a written quotation for the goods or services requested, an explanation on the Quotation Summary Form will be required. If the lowest quotation that meets all acceptable standards and specifications is not selected, the Department Head must report to the respective Standing Committee and County Council prior to the purchase of the goods or services. In all cases, the purchase of goods and services must be authorized by Committee and Council prior to procurement. c) Tenders 1. All goods or services to be purchased with a value exceeding $25,000.00 must be tendered in writing. 2 . All tenders shall be publicly advertised in the London Free Press and the St. Thomas Times Journal, unless otherwise specified by County Council or the various Ministries. The tender advert- isement must allow sufficient time between the advertisement and the closing date of the tender to allow suppliers the opportunity to examine details pertaining to the tender, to obtain all necessary documents, and to complete and submit the formal tender documentation. 3 . Tenders shall be opened publicly at a pre-determined time in the presence of the Chairman of the appropriate Standing Committee or designate and the Department Head or designate. 4 . Following a thorough review of all tenders received, the - 4 - Department Head must report to County Council through the appropriate Standing Committee, recommending the preferred bid. 5. EXCEPTIONS TO PROCEDURE FOR SELECTION OF SUPPLIERS a) pmergency Purchases This method of purchasing may be used when the circumstances warrant immediate action or when health and safety and the public interest are in jeopardy, and where this method of purchasing would result in an over-expenditure or an unbudgeted expenditure of $2 , 500.00 or more. Emergency purchases require the approval of the Department Head and must be reported to Council through the appropriate Standing Committee. b) Qualified Supplies Qualified suppliers are defined as suppliers of goods or services of a specialized nature which, due to the nature of the goods or services, make it impractical to change suppliers frequently. Banking, legal, audit, and insurance are examples of services which would require qualified suppliers. It will be the responsibility of the Department Head to assess the appropriateness of using qualified suppliers. Ongoing contracts with qualified suppliers, where annual expenditures exceed $5, 000.00, will be reviewed at least every three years by the appropriate Standing Committee, in order to assess the continued suitability of those suppliers. The Department Head will be responsible for preparing such a review. c) proposal Method of Purchasing This method of purchasing shall be used only where the expertise for developing proper specifications lies in the hands of the supplier, or where additional information is required and it is • - 5 - impractical to call for tenders, such as in the retention of consulting services. A minimum of three proposals must be documented on the Quotation Summary Form. The Department Head must report to Council through the appropriate Standing Committee, recommending a preferred supplier if the recommended proposal exceeds $25,000. 00. d) Qv-Qperative Pur+ haaing Every department will have regard to the Co-Operative Purchasing Agreement and will not deviate from the terms and conditions of said agreement. 6. PURCHASING PROCEDURES a) No purchase shall be made without authorization of the Department Head or his/her designate. b) Exceptions to Sec. 6, sub. sec. (a) : - petty cash purchases - utilities, telephone, benefits, expense claims c) The appropriate invoice along with all accompanying documentation, including the Quotation Summary Form, will be forwarded to the Department Head for approval of payment. Here, the Department Head is approving all documentation as being in good order and that departmental spending is within approved budgetary levels, as prescribed by County Council. d) Tenders/Quotations that are equal in price shall be decided on quality, performance, references and service, among other factors considered relevant to the service or goods. If both suppliers are judged to be equal in price, quality and service, a flip of the - 6 - coin in the presence of both suppliers would determine the success- ful bidder. 3 e) A copy of the Quotation Summary Form shall be sent to the County Treasurer who shall inspect each form for compliance with the policy. The Treasurer shall sign the form indicating that he/she has reviewed it. The Department Head who authorized the purchase, is ultimately responsible for the transaction. - 7 - THE COUNTY OF ELGIN QUOTATION SUMMARY FORM Department - Verbal (>$l, 000<=$4,999) Good or Service Requested: Written (>$5, 000<=$24 , 999) Supplier Price Remarks L11:1_1 * USE REVERSE TO PROVIDE ADDITIONAL INFORMATION IF REQUIRED. This document must be filled out for the above-noted verbal or written quotation amounts. If less than three quotations are obtained or if the recommended quotation is higher than the lowest quotation that meets all acceptable standards and specifications, an explanation must be provided on this form. Approval from the appropriate Standing Committee is required if the amount of the purchase is greater than $2, 500. 00 and the recommended quotation is higher than the lowest quotation that meets all acceptable standards and specifications. RECOMMENDAT I ON Signature Date - Department Head Signature - _ Date Treasurer The Corporation of the Village of Port Burwell PO Box 10 21 Pitt Street Port Burwell ON NOJ 1T0 By-Law 95-08 Being a by-law to appoint a Weed Inspector. WH E REAS tke Weed Control Act, 1988, C. W. 5, R.S.O. 1990 as amended to O.Reg 531/88 authorize the appointment cif a Municipal Weed Inspector. THEREFORE the Council of the Village of Port Burwell enacts as follows; THAT Fred Prohst is appointed Weed Inspector for (lie Village of Port Burwell to carry out the duties as required by the said act. THAT tins by-law shall remain in.effect from year to year unties repealed or otherwise amended ley Council. THAT any by-law not consistent with the provisionsof this by-law be and is hereby repealed. i React a first and secfind time this 14th d.y of February, 1995. i 'i / + I r Reeve • u cri" r - rator/Clem-Treasurer 1 „• Rasa a third and final time this 14th of February, 1995. Air / sok Mr Air m' ietrator/CIer Z-rfreaeurer 2 iszFp Ministry of Ministere de Guelph Agriculture Centre Centre d'agncueurede Guelph Agriculture l'Agrlculture et Box 1030 C 1a Guelph. and Food de I'Alimentatuon Onto/io Guelph (Omani') N1H6N1 NtH5N1 Ontario Resources and Regulations TELEPHONE: (519) 767-3126 FM: (519) 837-3049 . ngf ltiq el-January 18 , 1995 ;�_r� MEMORANDUM TO: Clerks of Municipalities (other trot' __--" .)- 11. Counties, Districts and Regional < 1 % „ .,- -, V Municipalities) !I i FROM: Chief Inspector, The Weed Control Act SUBJECT: APPOINTMENT OF MUNICIPAL WEED �. INSPECTORS 1995 Under Section 8 - (1) of the Weed Control Act, R. S.O. 1990, Chapter W. 5, Municipalities may by by-law appoint one or more persons as municipal weed inspectors. Under Section 9 - (1) the clerks of municipalities who have appointed Municipal Weed Inspectors shall report the names of all municipal weed inspectors to the Chief Inspector before April 1st. If your municipality has made appointments under section 8 - (1) , please enter the name(s) , address(es) , telephone number(s) and t area served on the enclosed form and return it to me before April 1, 1995. PLEASE NOTE; If your municipality will -riot be appointing a weed inspector or are making use of the services of an area weed inspector, please indicate on the attached form. Vili,j(!7 • k H.C. Lang AA' Chief Inspect r Yt Weed Control Ac0- �" Uv HCL/mt ,1 i jii V ki 4 . AO it - ' il .: ;-) 17"s4 f.tr,�' Enclosure t 1 .,,,,• LC 1 is 41 Ontarc. there's no taste Oe homekid,) . Un bon got de chez nous • w APPOINTMENT OF MUNICIPAL. WEED INSPECTOR(S) - 1995 (FILL IN APPROPRIATE SECTION) SECTION A Name of municipality (indicate unicipality (indicate whether city, town, township, etc.) : U \ Located in (indicate if Regional Municipality, County, District or other) : 1 . Name of Municipal Weed Inspector fr(- .J PLEASE PRINT Address Phone Section of Municipality served 2 . Name of Municipal Weed Inspector PLEASE PRINT Address Phone Section of Municipality served SECTION B The municipality of _ in the (county, region) will not be appointing a weed inspector for 1994 . Clerk Address -14._ jci Date ., a,rw.t i j )2L-1 [`flI i t L Cid A ci Lrc PLEASE RETURN TO: H.C. Lang, Chief Inspector, Weed Control Act, Resources and Regulations C Branch, Guelph Agriculture Centre, P.O. Box 1030, Guelph, Ontario NIH 6N1, Telephone 519-767-3126 before APRIL 1. 1995 JAM-26-95 THU 15 : 50 KETTLE CREEK CONS:. AUTH . R . 02,-02 THE CORPORATION OF THE VILLAGE OF WES'. LARNE BY-LAW NUMBER 94-24 BEING A BY-LAW TO AMEND BY-LAW 94-11 BEING A BY- LAW TO APPOINT MEMBERS OF THE COMMUNITY AT LARGE TO CO)' iITTBES OF COUNCIL TO ASSIST COUNCILLORS . WHEREAS the Municipal Act R.S .O. 1990 Chapter M.4S, Section 102 authorizes the. Council of a local municipality to pass by-laws :or the health, safety, morality and welfare of t"xe inhabitants of the municipality; AND WHEREAS it is deemed desirable and expellent to appoint members of the cunity at ]arge to certain committees to assist Councillor€ in the various municipal undertakings of the Village; NOW THEREFORE, THE COUNCIL OF THE VILLAGE OF WEST LORNE ENACTS AS FOLLOWS : 1 . That members of the Community at large have been a• •oin to Committees for the year 1994 as follow + r^ % r WEED INSPECTOR i ' s „tA 2g 1994 Fred Probst11111' COUNTY BY-LAw ENFORCEMENT OFFICER ............-- Allan Moon 2 . That By-law 94-11 is hereby amended. 5 . That this by-law shall come into force an{1 take effect on May 01, 1994 . READ A FIRST, SECOND AND THIRD TIME AND FINALLY 'ASSED ON THIS 5TH DAY OF JUNE, 1994 . 4 Attvidtaligtidieof Reeve C 1 rk JAN-26-95 THU 13 : 50 KETTLE CREEK CONS _ RUTH . P . 01 ,-02 KETTLE CREEK CONSERVATION AUTHORITY #__ R.R. S, ST THOMAS, ONTARIO N5P 3T392 , TELEPHONE (513) 631-1270 FAX 631-5026 44- 4r IO - 4rION FAX COVER SHEET Date: Time Number of Pages: (Including this cover pg-) NAME: ( 110 e1 ► a ORGANIZATION: 4� .c c" Eci , FROM: rcc\ RoL MESSAGE: Lqp t :._, v o , rt .t„)k. elD for The Corporation of the Village of Port Burwell PO Box 10 21 Pitt Street Port Burwell ON NOJ ITO By-Law 95-09 Being a by-law to set remuneration of the Reeve and Council and to provide for the paying of expenses of council in association with Municipal business and the attendance to seminars. WHEREAS the Municipal Act, R.S.O. 1990 c. M. 45, as amended, enables a Council of a Municipality to pass a by-law for paying of remuneration and to the members of Council such remuneration may be determined in any manner that Council considers advisable. AND WHEREAS Section 243 of the Municipal Act R.S.O. 1990 c. M.45 as amended permits Council to pass a by-law to set maximum amounts or rates that may be paid in respect of expenses of members of Council and of the officers and servants of the Municipality which are incurred as a result of their acting either within or outside the Municipality in their capacity as members of Council or officers and servants of the Municipal Corporation; AND WHEREAS pursuant to Section 241 of the Municipal Act, R.S. J. 1990, the Council of a Municipality may pass bylaws for paying remuneration to persons who have been appointed by the Council to serve as a member of a local hoard as defined in the Municipal Affairs Act and such remuneration may he determined in any manner that Council deems advisable; AND WHEREAS the Corporation of the Village of Port Burwell deems it expedient and desirable to establish a bylaw the Council enacts that remuneration will be paid in accordance to the terms of this bylaw in accordance to the terms herein and the schedules as follows; Schedule "A" Authorize the paying of remuneration to the Members of Council Schedule "B" Authorize paying of expenses in association with attendance to seminars, conferences and meetings outside of the municipality 1 1.0 ADMINISTRATION 1.1 Discretionary Power Notwithstanding any to the contrary in this bylaw, the right is reserved for the Municipal Council to exercise discretionary power in the setting of expense policy in individual cases and to amend the contents therein from time to time. 1.2 Notwithstanding any to the contrary in this bylaw, 2.0 DEFINITIONS 2.1 "Regular Meeting" shall be defined as any Regular Meeting of Council pursuant to sections 53 through to 56 of the Municipal Act, RSO 1990, c. M.45 as amended 2.2 "Special Meeting" shall be defined as a meeting of Council other than a regular meeting, called pursuant to section 57, subsection 2 and section 58 of the Municipal Act, RSO 1990, c. M.45 as amended. 2.3 "Committees of Council, Special Corporations and Local Boards" shall be defined as any Regular Meeting of Committees of Council, Board of Directors and Local Boards as part of the local Municipal Structure and Committees of Council as established by bylaw. 2.4 "Seminars, Conventions and Conferences" shall be defined as advertised information sessions, trade shows, or training activities either having a direct cost or no cost to the municipality either within or outside of the municipality. • 2.5 "Meetings of Specific Municipal Interest" shall he defined as any meeting whereas it is the majority opinion of council that a selected councillor or councillors he present to represent, observe and/or participate in the proceedings of the specific event or meeting on behalf of the municipality and council. 2 2.6 "Expenses" shall be defined as any and all expenses associated with the attendance to any seminar, convention, trade show and Meeting of Specific Municipal Interest limited to meals, parking, milage, travel costs (air, rail, rented car, bus, etc.), registration fees, and incidentals. 2.7 "Duration of Meeting" the hours of attendance to any or all meetings as described within this bylaw shall be assumed to be the time it takes for the Reeve or Councillor upon leaving their place of residence or other fixed location (work, family members residence, etc) and to arrive at the meeting and perform such business, ceremonies or representation as required on behalf of the municipality and subsequently the time to travel to their place of residence or other fixed location as may he required. 2.8 "Business Planning Meetings" shall he defined as meetings called at the pleaseure of council from time to time to discuss short and long term municipal strategic planning matters. 3.0 REMUNERATION 3.1 REMUNERATION for Regular Council Meetings shall paid be in accordance to Schedule "A" forming part of this bylaw. 3.2 REMUNERATION for "Special Meetings", "Meetings of Specific Municipal Interest", "Seminars, Conventions and Conferences", shall he on the basis of a full meeting ( attendance by the Reeve or a councillor at a meeting requires time off work regardless of the actual time spent in attendance at the meeting and in accordance to Schedule "A" and be paid for expenses in,accordance to Section 6.0 and Schedule "B" forming part of this bylaw. 3.3 THE Reeve or Councillor will attend meetings and report to council of the results of the meetings providing documentation of their attendance. All members of council will keep a record of all these meetings documenting the date and purpose in a manner which is deemed acceptable to council. The Administrator/Clerk-Treasurer will provide a summary of all meetings that are attended, date, subject matter and who attended. 3.4 Council shall have the authority to prescribe specifically by resolution remuneration for Meetings of Specific Municipal Interest. 3, 3.5 THE Reeve and Council must be in attendance for any and all meetings to be paid for in accordance to Schedule "A" of this bylaw. 3.6 The Reeve is an Officer of the Corporation and ex-officio of all committees and Boards and shall at his discretion attend any and all meetings under the jurisdiction of the municipality and recieve remuneration for each meeting attended based upon Schedule "A" forming part of this bylaw. 3.7 The Reeve and Council shall be eligible to recieve consideration for payment for their attendance to any or all meetings if they are present for more than 75% of the actual duration of the meeting. 4.0 RATE OF REMUNERATION 4.1 The Reeve and Council shall be paid in accordance to the terms of this bylaw and Schedule "A" forming part of this bylaw. 4.2 Any councillor may appeal specific instances to the which may fall outside of the terms of this bylaw to permit remuneration for hi, or hers activities on behalf of the municipality. The appeal will be detailed and requested in the form of a resolution and supported by a memo to council providing subsidiary information of the appeal. The memo shall be considered public record. 5.0 PAYMENT OF REMUNERATION 5.1 Council pay will be paid monthly or in a manner mutually agreed upon by a majority vote of council. 5.2 Council shall approve by resolution the payment of remuneration to each and every member of council either separately or collectively. 6.0 PAYMENT OF EXPENSES 6.1 Expenses incurred by a member of Council while attending conferences, seminars, conventions or other functions of Council shall he reimbursed in amounts as permitted *within Section 4.0 of A 4 this bylaw and by a resolution of Council or as other bylaws may permit. . 6.2 A proper expense report must be provided to the Administrator/Clerk- Treasurer as a request for remuneration of expenses incurred. The Reeve and members of Council shall prepare and sign expense claims with vouchers in accordance to the provisions of Schedule "B" forming part of this bylaw. 6.3 Vouchers will be required as follows Parking expenses greater than $3.04` ii All meal expenses greater than $4.00 per meal. All taxi and limousine expenses iv All accommodation expenses v Entertainment expenses vi All registration fees for seminars, conferences and conventions. 7.0 CASH ADVANC E S 7.1 Cash advances may he requested by the Reeve and Council and granted. by the Administrator/Clerk-Treasurer for the attendance at .'seminars, conventions and conferences when expenses are anticipated to exceed $100.00. Expense reports are to be completed no later 5 working days after returning from the event in order that the monies can be immediately accounted for within the public trust. 7.2 Cash Advances shall not exceed $1,000.00 without councils approval by resolution. All other advances will he given at that discretion of the Administrator/Clerk-Treasurer wrtllout responsibility for the funds other than for reporting their disbursement. 8.0 CREDIT CARDS 8.1 Credit Cards shall he issued to the Reeve only upon specific request and upon the approval of council by resolution. The card shall be used for expenses in associated with Municipal business and shall not be used for purchases which are not directly related to the business dealings on behalf of the municipality. 5 8.2 Phone Credit Cards shall be issued to the Reeve and Coutacillor in order that phone calls on Municipal business can be made. 8.3 Upon the resignation of a member of Council all Phone Credit. Cards shall be returned to the Treasurer immediately and will be cancelled and reissued. This bylaw will come into effect on date of passing. This by-law repeals by-law number 92-06 and all other by-laws pertaining to this matter. Read a first d second time this 14th day of March, 1995. ,Reeve 40144 Avli n is t ra t or/C lerlx-Treasurer Read a third and final ti7e this 14th + .y of March, 1995. /y T f OF a'ilr/ trator/Clcriz-Treasurer , • Schedule "A" Bylaw 95-09 1.0 Regular Council Meetings Reeve $84.00 per meeting Councillor $73.50 per meeting 2.0 Special Meetings Reeve over 2 1/2 hours duration. $84.00 per meeting. under 2 1/2 hour. duration. $42.00 per meeting Councillors over 2 1/2 hours. $73.50 per meeting. under 2 1/2 hours. $36.75 per meeting 3.0 Committees of Council, Special Corporations and Local Hoards Reeve $42.00 per meeting Councillors $36.75 per meeting 4.0 Seminars, Conventions and Conferences Reeve $84.00 per day Councillors $73.50 per day 5.0 Meetings of Specific Municipal Interest Reeve over 2 1/2 hours duration. $84.00 per meeting. under 2 1/2 hours duration. $42.00 per meeting A - Councillors over 2 1/2 lug duration. $73.50 per meeting. 7 • under 2 1/2 hours duration. $36.75 per meeting 6.0 Business Planning Meeting. Reeve under 2 1/2 hours duration. $ 42.00 per meeting over 2 1/2 hours duration. $ 84.00 per meeting. over 6 hours duration $168.00 per meeting 2 days duration $336.00 per meeting Councillors under 2 1/2 hours duration $ 36.75 per meeting over 2 1/2 hours duration $ 73.50 per meeting over 6 hours duration $147.00 per meeting 2 days duration $284.00 per meeting 8 ScfleGule "8" Bylaw 9' -09 1.0 Payment for Meal. Schedule 1.1 Council shall be permitted expenditures for meals while on municipal business in accordance to Table "B1". 1.2 Expenditures for meal beyond the terms of Table "B1" must be accompanied with a reciept and of memo explaining the over expenditure. Table "B1" TIME ON VILLAGE BUSINESS ALLOWANCE (maximum expenditure) Breakfast $ 8.3() Lunch $ 9.00 Dinner $23.75 2.0 Payment far Travel 2.1 The Reeve and Council shall be paid at a rate of$0.31 per kilometre for the use of a personal vehicle while travelling to and from a location while on Municipal business to meetings, seminars, conferences, meetings of specific municipal interest, seminars and conventions. 2.2 No payment shall be provided if municipal vehicles are used for transportation to and from the location of the meetings, 'seminars, conferences, meetings of specific municipal interest, seminars and conventions. may; �' 9 3.0 incidental Expenses 3.1 Incidental expenses incurred while on municipal business shall be provided in an amount not to exceed $6.00 per 12 hour period. i Ir f • A 10 THE CORPORATION OF THE 4i• P©R T eti VILLAGE OF PORT BURWELL P. 0 Box 10. Port Burwell, Ontario NO) ITO f telephone (519) 874-4343 • fax (519)874-4948 god 'oritiljZO PORrUs REFliG" Memo Date: March 13, 1995 • To: Council From: D. Free Re: Remuneration for Reeve Council Bylaw 95-09 Council: At the direction of council a bylaw to permit for the remuneration of the Reeve and Council was assembled, Bylaw 95-09. This bylaw attempts to cover all situations which may arise without an effective increase in the rate of remuneration for the councillors. However, considering some concerns by members of council provision has been made for payment of meetings described as follows; Regular Council Meetings Special Meeting Committees of Council, Special Corporations and Local Boards Seminars, Conventions and Conferences Meetings of Specific Municipal Interest Business Planning Meetings Expenses in association with the attendance of these meetings has also been included as a form of documentation authority to claim in accordance to the wishes of each councillor. Please review these concerns attached at your earliest convenience providing your comments and further direction in the matter. b. nee ncls. David R. Free, CET. AMCT(A) • Administrator/Clerk-Treasure- . e - mouse Or COM•.OMS c414w0w0.PORT 40 F v Gar J fiYN4 , 8 OS j Eigm-Nortont 40 —7-FAL& 40 OTTAWA March 2, 1995 Mr. David Free Administrator,Clerk& Treasurer Box 10 Port Burwell,ON NOJ 1 TO Dear Mr. Free, • I am forwarding this response from the Honourable Paul Martin, Minister of Finance, on the question concerning tax treatment of remuneration received by municipalcouncil members. I am sure the Minister's letter will clarify the Government's position on this matterif you have any concerns of a federal nature, please do not hesitate to contact my office. Yours trul /� ,1 ! /ar n, M.P. Elgin- orfolk copogTllVE/Cr°FII CL 9 9s1+wr Omer* NOP 1Ca To am in, mei 1. 26 7110 PM WWII 631 i64h p1TAil1A OFF-Ci li Norm 4V Garlaal+r4.9090,4 Haase d Gammons afAWAS NO Tr*Td 4t3 Nsr@77M Fa.p<]i1si r L• 40 l'4.-"W t1 ..rMinister of Finance i- Ministre des Finances DEC 201994 .. �•.; .., r Ottawa. Canada K IA OG5 ,A: "' r 1 COV Mr . Gar Knutson M. P. �S�tj�- Room 425 �Q �, Y1�3 Confederation Building ]At'1 House of Commons Ottawa, Ontario KlA OA6 Dear Gar: 1 f- I appreciated receiving your letter of August 17, 1994 concerning the correspondence you have received from two townships in your constituency which was forwarded to me by the Honourable David Anderson, Minister of National Revenue . The townships of South Dorchester and Malahide expressed concerns with the tax treatment of council member remuneration and have requested further tax relief . As you may know, allowances for municipal elected . officials are determined by local governments, which have control over the size and the use of such allowances . Where there is no deeming provision in the Municipal Act of a province, Revenue Canada will consider up to one-third of remuneration to be an expense allowance and the remainder to be salary or other remuneration . The tax-free status of these allowances represents a historical anomaly and runs counter to a basic principle of taxation : that income from all sources should be taxed in the same manner . Asking all taxpayers to finance an expansion of this already favourable treatment would be seen as unfair and would be difficult to justify . I trust this letter explains to your satisfaction government policy with regard to the taxation of municipal council m-11.-r remuneration . Regards )01111111.111" , The Honourable Paul Martin, P.C. , M. P. . Qtnad -r1* IC sdt PQRr THE CORPORATI©N OF THE 0-410111110,194, VILLAGE OF PORT BURWELL Asa"...411111 '- P. 0. Box 10, Port Burwell,Ontario NOJ ITO 4011 �=y ,� telephone (519) $74-4343 • fax (s 19) 674-494$ r:r A. ANA 4 PORTUS REFUGE' Memo To: Council From: D. Free Re: Council Remuneration By-Law Date: February 15, 1995 Attached is a Council remuneration 6y-law stipulating the formats which Council had articulated to me in previous meetings. I will identify the comparisons from neighboring municipalities with regards to meetings and payments for the attendance of meetings inclusive of expenses. I would suggest that Council introduce the subject by-law and give it a first and second reading and if required recommend amendments thereof based upon the information that I have provided. As a senior staff member I am sympathetic to the hours which are expended by the Councillors and to this end I have taken a number of measures to reduce the direct cost to Councillors in the performance of their duties and these include of course telephone credit cards. If Councillors wish indeed to expedite the process providing me with their direct input prior to the Council meeting. A general form of consent amongst the Councillors would enable an expedient processing of this matter,. I await for Council's direction in this matter. David Free David R. Free. CET, AMCT(A) • Administrator/Clerk-Treasure Village of Port Burwell Port Office Box #10 21 Pitt Street Port Burwell, Ontario N©J 1T© Resolution February 28, 1995 MOVED BY: SECONDED BY: BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to introduce By-Law 95-09, being a by-law to set remuneration of the Reeve and Council and to provide for the paying of expenses.. UNANIMOUSLY: The Corporation of the Village of Port Burwell PO Box 10 21 Pitt Street Port Burwell ON NO) ITO By-Law 95-09 Being a by-law to set remuneration of the Reeve and Council and to provide for the paying of expenses. WHEREAS the Municipal Act, R.S.O. 1990 Section 241, 242, 244 & 245 c. M. 45 permits Council to pass a by-law for paying of remuneration and to a member of Council suck remuneration may be determined in any manner that Council considers advisable. AND WHEREAS Section 243 of the said Act permits Council to pass a by-law to set maximum amounts or rates that may be paid in respect of expenses. THEREFORE Council enacts that the following rates of remuneration he paid a f TO WHOM FOR WHICH AMC! 'NT AM0► •\.1. Reeve Two regular meetings $84.00 per meeting per month as set by by-saw. Reeve Special meeting over $54.()() per meeting. $421X) per meeting 2 112 hours. under 2 1'2 kcaurs. Councillor Two regular meetings $73.5() per meeting. per month as set by by-law. Council irs , Special meetings aver $73.50 per meeting. $36.75 per meeting 1/2 hours. under 2 1/2 hours.. - 1 NOTWITHSTANDING the foregoing, if attendance by the Reeve or a councillor at a meeting requires time off work, remuneration shall he on the basis of a full meeting regardless of the actual time spent in attendance at the meeting. THE Reeve or Councillor will attend the meeting and report providing documentation of their attendance. The Treasurer will beep a record of all these meetings and at the beginning of each month will submit to the Reeve and Councillors a list of all meetings that are attended, subject matter and who attended. This will also include meetings the Administrator/Cleriz-Treasurer attended. AND FURTHERMORE to he paid for a regular or special meeting the Reeve and Council must he in attendance at the meeting. A "special meeting" is defined as a meeting of Council other than a regular meeting, called pursuant to section 57, subsection 2 of the Municipal Act. AND FURTHERMORE Council pay will he paid monthly or upon mutual consent by resolution. AND FURTHERMORE expenses incurred by a member of Council while attending such conferences, courses, conventions or other functions of Council shall be reimbursed in amounts and at such times as Council may he resolution determine. AND FURTHERMORE automobile expenses incurred by members of Council, 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 he repaid at the rate of$0.31 per km travelled. AND FURTHERMORE be it enacted that while on the municipality's business, that a meal allowance he provided to he no more than $60.00 for each 24 hour period providing that the time on business has been more than 12 hours, A proper expense report must be provided to the Treasurer. r MEAL SCHEDULE TIME ON VILLAGE BUSINESS ALLOWANCE 2to4hours. $23.00 ' 2 to 8 hours but more than 4 hours. $46.00 2 to 12 hours but more than 8 hours. $60.00 Automobile expenses new rate will come into effect on date of passing. This by-law is effective January 1, 1995. 2 This by-law repeals by-law number 92-06 and all other by-laws pertaining to this matter. Read a first and second time this 28th day of February, 1995. Reeve Administrator/Clerk-Treasurer Read a third and final time this 28th day of February, 1995. Reeve Administrator/Clerk-Treasurer 3 r 1 The Corporation of the Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell, Ontario By-Law 95-10 Being a By-Law to authorize the municipality to enter into a licence agreement with the jack & Norma Vince for the operation of a Food Stand on the East Beach WHEREAS the Municipal Act, R.S.O., c. M.45, E. 236 (1 7) permits a municipality to charge a fixed fee license requiring transient traders and other persons who so offer goods, wares or merchandise for sale, and; AND WHEREAS the Municipality has accepted the proposal as presented by jack and Norma Vince to operate a Booth for the sale of Food located on the area known as the East Beach as indicated in Schedule "A" attached to this agreement. The Council of the Village of Port Burwell hereby directs the Reeve and Administrator/Clerk- Treasurer to enter into the licence agreement described as Schedule "B" between the Municipality and jack and Norma Vince commencing April 1, 1995 ending September 30, 1995. Read a first and nd time this 14th day of March, 1995. ..,(...5..)tee ee i, 0,,,„ Reeve dia. .r nutratorlClerk-Treasurer • a third time and finally passed this 14th day of March, 19951.- / 7 . t. r /e. Re de J 4 •rare for/Clem- Treasurer I 1 1 4 , • Sche ie 'B" LICENSE AGREEMENT BETWEEN THE CORPORATION OF THE VILLAGE OF PORT BURWELL hereinafter the "Licensor" OF THE FIRST PART and JACK & NORMA VINCE - PORT BURWELL hereinafter the "Licensee" OF THE SECOND PART WHEREAS the Licensor is the Owner of lands identified as the East Beach, which is shown on the map attached hereto as Schedule "A"; AND WHEREAS the Licensee wishes to operate a Food Booth for the sale on a specific area of the said lands; AND WHEREAS in consideration of the payment of the sum of$1,500.00 by the License to the Licensor and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. The Licensor grants to the Licensee a non-transferable license to operate a Mobile Food Booth fixed in the said location as identified in Schedule "A" attached hereto. 2. The Licensee intends to operate Food Booth only for the sale of hotdogs, french fries, pop, confections, etc. as approved. by Council. 3. The Licensee intends to operate those facilities during the months of April and September of 1995. 4. The Licensee shall pay to the Licensor the sum of One Thousand, Five Hundred Dollars for the term of the lease with half of the said amount due upon signing of this agreement and the remaining to be paid on or before July 1, 1995. 5. The licensee will he responsible for carrying appropriate liability and 1 property insurance on the said property which policy shall name the Licensor as an additional named insured. 6. The Licensee will indemnify the Licensor and save it harmless from and against any and all claims, actions, damages, liability and expenses, in connection with loss of life, personal injury, or damage to property arising from any occurrence on said lands howsoever such claims may arise providing proof of liability insurance not less than. $1,000,000,.00. 7. The Licensee shall be responsible for maintaining the grounds in a neat and tidy condition, including cutting of the grass and removal of all garbage and other debris. 8. The Licensee will observe and fulfil the lawful provisions and requirements of all statutes, by-laws, rules and regulations, Municipal, Provincial or Federal, relating to the said lands. 9. The Licensee shall maintain public washroom facilities making clean the all washrooms three times a day. The Licensor shall provide all cleaning materials and supplies as required in order to keep the facilities clean and operable for the duration of this License Agreement. 10. The Licensee shall not impede parking, pedestrian of vehicular traffic to the subject lands shown on Schedule "A". 11. The Licensor shall have access to the site and surrounding at all times and shall be permitted to operate vehicles and equipment for the purpose of general maintenance to the East Beach Park. 12. The Licensee shall be permitted to connect to the existing water service at the rates as prescribed by bylaw. 13. Hydro connection will be at the expense of the of the Licensee and will not form part of this lease. 14. Either party to this Agreement may at any time terminate this License by giving the other party 30 days written notice of termination. v 2 15. Hours of operation for each and every day shall start no earlier than 11:00 a.m. and no later than 9:00 excepting during special events. In Witness Whereof the Licensor and Licensee Have Hereunto Set Their Hands and Corporate Seals this Day of _ , 1995. F .# Reeve wr !fes Adminis r '�Clerk-Treasurer Witness Jack and Norma Vince - Port Burwell Witness 0 3 Schedule "B" LICENSE AGREEMENT BE iNVEEN THE CORPORATION OF 'THE VILLAGE OF PORT BURWELL. hereinafter the "Licensor" OF THE FIRST PART and JACK & NORMA VINCE - PORT BURWELL hereinafter the "Licensee" OF THE SECOND PART WHEREAS the Licensor is the Owner of lands identified as the East Beach, which is shown on the map attached hereto as Schedule "A", AND WHEREAS the Licensee wishes to operate a Food Booth for the sale on a specific area of the said lands; AND WHEREAS in consideration of the payment of the sum of 32,0.00 by the License to the Licensor and ether good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties hereto agree as follows: I. The Licensor grants to the Licensee a non-transferable license to operate a Mobile Food Booth fixed in the said location as identified in Schedule "A" attached hereto. 2. The Licensee intends to operate Food Booth only for the sale of hotdogs, french fries, pop, confections, etc. as approved by Council. 3. The Licensee intends to operate those facilities during the months of April and September of 1995. 4. The Licensee shall pay to the Licensor the sum of Two Thousand, Dollars for the term of the lease with half of the said amount due upon signing of this agreement and the remaining to he paid on or before July I., 1995. • 2 5. The Licensee will be responsible for carrying appropriate liability and property insurance on the said property which policy shall name the Licensor as an additional named insured. 6. The Licensee will indemnify the Licensor and save it harmless from and against any and all claims, actions, damages, liability and expenses, in connection with loss of life, personal injury, or damage to property arising from any occurrence on said lands howsoever such claims may arise providing proof of liability insurance not less than $1,000,000,.00. 7. The Licensee shall he responsible for maintaining the grounds in a neat and tidy condition, including cutting of the grass and removal of all garbage and other debris. 8. The Licensee will observe and fulfil the lawful provisions and requirements of all statutes, lay-laws, rules and regulations, Municipal, Provincial or Federal, relating to the said lands. 9. The Licensee shall maintain public washroom facilities making clean the all washrooms three times a day. The Licensor shill provide all cleaning materials and supplies as required in order to seep the facilities clean and operable for the duration of this License Agreement. 10. The Licensee shall not impede parking, pedestrian of vehicular traffic to the subject lands shows on Schedule "A". H. The Licensor shall have access to the site and surrounding at all times and shall he permitted to operate vehicles and equipment for the purpose of general maintenance to the East. Beach Park. 12. The Licensee shall he permitted to connect to the existing water service at the rates as prescribed by bylaw. 13. Hydro service is available to the Licensee at no additional coot and the licensee shall not hold the municipality responsible for any costs or inconvenience resulting from interuptions in service construction, maintenance of the site and buildings in the immediate vicinity. Any additional costs for hydro service to the licencee s vehicle or building will he at the expense of the of the 3 Licensee and will not form part of this lease. 14. Either party to this Agreement may at any time terminate this License by giving the other party 30 days written notice of termination. 15. Hours of operation for each and every day shall start no earlier than 11:00 a.m. and no later than 9:00 excepting during special events. s In Witness Whereof the Licensor and Licensee Have Hereunto Set Their Handy atm!Carp:Wate Seals this MIA Day of /Yhrth , 1995. (55df ' / /it . . Reeve 11,1r, #3/ f Adm`4' ' • Cleri-Treasurer irithe s LÀ 2 7/60-virif—A.,/ r l clz and Norma Vince - Port Burwell Witness 4 Licensee and will not form part of this lease. 14. Either party to this Agreement may at any time terminate this License by giving the other party 30 days written notice of termination. 15. Hours of operation for each and every day shall start no earlier than 11:00 a.m. and no later than 9:00 excepting during special events. In Witness Whereof the Licensor and Licensee Have Hereunto Set Their Hantis anti Corraite Seal this f'41H Day of !1`hirch , 1995. 14:ftf Reeve 011.1°F q T 4r. ' . r.. • / • CIer1[_Try. .urer Witness 4LH-H4k 1/tacit i712 L.a4-1 ck and Norma Vince - Port Burwell Witness 4 • The Corporation of the Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell, Ontario By-Law 95-11 Being a By-Law to amend By-Law 90-05, being a by- law to estahlish a Fire Department WHEREAS The Municipal Act R.S.Q. 1990, c. M 45 s. 210 (31) enables Municipalities to establish, maintain and operate a fire department. AND WHEREAS the Council of the Village of Port Burwell passed By-Law 90-05 on February 27, 1990, AND WHEREAS the Council of the Village of Port Burwell deems it necessary to amend Sections 4a, 6, bf, 10e, 14b, 15k, 1711 and 17c of the said by-law to read as follows: 4a. The Chief of the Department may recommend to the Administrator/Clerk- Treasurer the appointment of any qualified person as a member of the Department. 6. The Chief of the Department is responsible to the Administrator/Clerk- Treasurer and shall receive directions and provide all correspondence and concerns to die Administrator/Clerk-Treasurer for the proper administration and operation of the Department for the discipline of its' members and; 6f. shall submit to the Administrator/Clerk-Treasurer for approval, as required by the Administrator/Clerk-Treasurer, the annual estimates of the Department and a five year plan for the Department. 10e. Provide liaison with the Administrator/Clerk-Treasurer in order to ensure an adequate flow of water in new waterworks projects and the adequate maintenance of existing waterworks facilities for the use of the Department. 14b. Every recommendation for promotion of a member made to the Administrator/Clerk-Treasurer lry the Chief of the Department shall be based on the evaluation of: 1 15k if a board of medical examiners finds that a member is physically unfit to perform his/her assigned departmental duties and that such condition is attributed to, and a result of his/her employment in the Department, the Administrator/Clerk-Treasurer may assign the member to other employment or may retire him/her and provide such retirement allowances as deemed proper. 17k Following the suspension of any member the Chief of the Department shall report the suspension and his recommendations to the Administrator/Clerk- Treasurer. 17c. A member shall not be dismissed without being afforded the opportunity for a hearing before the Administrator/Clerk-Treasurer, if he/she makes a written request for such hearing within seven days after receiving notice of his/her proposed dismissal. Read a first and time this 4th day of March, 1995. a n`st rato r/C le rlr-Treasure r Read a third time and finally passed this 14th day of March, 1995. 1� .6_I1 1r Atd A • •ss• rator/Clerle-Treasurer 2 • THE CORPORATION OF THE ,ot. PORT 90 ti '9 , VILLAGE OF PORT BURWELL P. O. Box 10, Port Burwell,Ontario NOI ITO telephone (519) 874-4343 • Fax (5 19) 874-4948 004%.,:„ ,„,,,,,m441111111111 PORTUS REFUGI' Memo To: Council From: D. Free Re: Fire Department By-Law Amendment Date: February 22, 1995 Pursuant to our business Planning Meeting of February 18, 1995 attached is the amending bylaw which commences the restructuring process to a"complete" CAO system of municipal government. This reorganization will facilitate both municipal structure and working relationship which is unilaterally beneficial to the community, the department and Administration. No, I will not he attending any fires, nor will I be attending any Mutual Aid Meetings. My role for the municipality is merely that of an administrator and treasurer engaged to ensure that all departments under the authority thereof are both effective and efficient for the ratepayers. I will in the course of my duties also require quarterly reports to myself on behalf of Council by the Fire Chief with regards to the activities, requirements and the spending of the department. I have included the systems of municipal government from the New Councillors binder indicating Standing Committee, Executive Committee and CAO Systems of government. Those in attendance will recall that the majority of municipalities are moving the CAO system. Currently we have a combination which fragments and frustrates efforts of both council and administration in their duties to the operation of the corporation and to the ratepayer. Please review the attached and consider at your earliest convenience. David Free lynch. David R. Free. CET. AMCT(A) • Adrrnnistrator/Clerk-Trea, Village of Po rt Burwell Oa alit Chart 1995 COUNCIL Reeve -T. Nesbitt Cassweitt.ss,Boa rdr&Sodrd.s Coma Councillors Vaasa at Part Burma DTA-S.Gams Rwa.rio.Commies*-D.H.Car D 1vlason , Parr ILr.ni►ill Seek/0 fMdo .. Heverior Kamm=Commies-D.Mama G. Loucksl 1' 'I Parr�wi Rref.r7 moor) AMB Fanrr.Module-Sum Uiliiae C All in combo..dA-M -_ -A.space. Prows Rorie C------ '--IL sinal. 4 ows 1 C- -THA Hork.als.e.Soy-S.Modus Porn B.wal1!+Sod Preto Hamm Gory'.-B.Loucks ( CAUlED[I 1 U Fres r e I r 4. - I I I , �� I I - _ l 1edrre of A.uwwa Fria Weds Load Plume Es we q Fence Dues+ r Note".Iarim.. . male■.•Tamm ws+a ark Mom Fre Fr.D.rrs.+a B Wolfe L Vows hue 1,Borings Vara.Fir= TSA 3 Alarel ow=LIMO T Wiwi Bravir.._w`I Wafr'!r*pFf • ae..edww '�` .aaaaar e..- - A�Aar<� Dwarf I Bwlbvw K.Bouliald Iht Manna B K bw>fi C7CWA TBA11140111W hilmim SL 4 D a.ea S TgAr FISrL++Enfaamou 1 lash Roo&i Drelis+K'e Somas Cameo= 9654ftwor/im P.m* sia + fwai From Wb 11 Deg 171114111 St Cosa 144390 Lod Crow Cnsai stmBrlFFelrM' komr a Dors ee.ti.. 4 Goma•hollows i.....s.. ,. ' STPANY1411 Plw N.ammil r 11,lin 1 J 23 Roses - 20 Standing Com m ittee System COUNCIL I I - I Public irqTri Community pip worts Com , Services Committee WNW W Committee Committee f Paths& Pao Transportation Sisig Planning & Recitalist L & Streets WNW Urban Renewal Depsdated Domini Department , went Department Source: from OMM1, You an4 Your Local 601477tP110711, p M i 1 2s 1 Rales 2[) Standing Committee System I COUNCIL Community unity Marla#. Public TransportationServitxs Punning "^ CommitteeCommittee Committee Committee Committee I Perla a 1 Public Transportation Social Plannlg& Reveallon I Worts b Streets Services Urban ilomeal Department Department Department i Depa riment Depafinerd 0 4 / I Source: from OMMI. Yarm sod Your Local Government. p M �t PORI 80 THE CORPORATION Of THE vt VILLAGE OF PORT BURWELL 1 s P 0 Box 10. Port Burwell. Ontario NOJ ITO 1/„Vr...1telephone (519) 874-4343 • fax (519)874-4948 11111114.0.17, 4 PORTUS REFUG1t` Memo To: 1.om Millard From: D. Free Re: By-Law 95-11 [)ate: March 21, 1995 With the passing of By-Law 95-11 yourself and the Fire Department are to report through myself, the Chief Administrative Officer to Council in accordance to the organization chart attached. I suspect there will be little to no change in the operation of the Fire Department other than the occasional presence of myself in order to address any concerns that the department may have on various issues. I would also like to think that the short term and long term capital requirements can he facilitated through the normal budgeting process insuring that your department is equipped to perform its duties without compromising the safety of the community or the volunteers. It is only in the area of administration and finances that my activities will he known and it is hoped that these efforts are received as cooperative.. I would litre to he made aware of the departments schedules with regards to meetings and practices (special practices) in order that I might attend occasionally to listen to the concerns and lend my support as required. I would also recommend that yourself, the Deputy Fire Chief Sam Taylor and I meet in the immediate future in order to go over any outstanding items which need to he addressed. I would request your response at your earliest possible convenience. /:4r. Free, CET, AMCT(A) 'jliniatrator/ lerL-1 reasurer Inds. David R Free. CET, AMCT(A) Adrnanstrator/Clerk-Tr'.•ab„r. Village of Port Burwell Organization Chart 1995 7UNCIL 'erre - T Nesbitt Committees,Ftoards&Societies Cound BTA-S.Gillis Councillors Village of Port Burwell Recreation Committee-D Mc Cord nPart Burnell P&R Series,t'.+m•ism D. M Committee-D Mason J. Loucks4Part Burrell Hi tarital Satiety mama.) Ca+rer1 La Pohang G. 1 ta•«. Farmers Market-Susan Gillis C-0ttuttec of Adjustment-A.Spicer C All inII ns Roads Committee-K Steels Audiran =or� Improvement tt-TBA Redfern Maur Horticulture Society-S.Motion 111 Port Burwell tion Profit Housing Corp-B Loucks ICAO/ED© I D Free I I t ,--L--, - t Public Utilitna ^Martie FscdUi s Itar.a.C1d.a.A Tarry n®..wee{Clark MM�n F VS Deportment Inimical AeaeMrd PaiYe Wae% Phrnric Fi o+er a TBA 5 Memel Low I Wird B Wok Venom Fre" J Hendrick' Vinous Fume / Environmental Water supply ' ld.akip.l Marts. sorer SWIM* Mono ANA Deputy awl$wl4nngltupenw^ tA..r Mralcipat B Kaihebaugh {]CWA IBA Lawn a D 5 Tenor IC Bradfield M Peterson Sig ati.r kt..i.. Land ]toads i Dntnagr Sewn,t7peruecra 5.nlrarbrrreds vdmrr Fly Four" Byte.F Iurtesreetu Are l c OCWA teat A woe INA' I I Dia c E BolcomYJsns 5pprl r'��IPA 590 Ud law A Data.lt.rrar cawsCorral SmarmsStudent' it Fisheries t ..... 5T Moment Fila'PBWELL4 DPW November 14.I994 • THE CORPORATION OF THE VILLAGE OF PORT BURWELL PO Box 10 21 Pitt Street Port Burwell, Ontario BY-LAW 95-12 Being a by-law to establish an additional reserves funds for the Municipality within the general reserve fund. WHEREAS Section 163 paragraph (1) of the Municipal Act R.S.O. 1990, Chap. M.45 provides that Council of a local municipality may by by-law provide for the establishment of a reserve fund. AND WHEREAS Section 163 paragraph (2) of the Municipal Act R.S.O. 1990, Chap. M.45 provides that Council of a local municipality may by by-law provide that a consolidated account may be kept for all reserve funds. AND WHEREAS the Development Charges Act, RSO 1990, c. D.9, s. 16 through to 19 and regulation thereof requires that a separate reserve fund be established and maintained to collect and account for monies for which development charges were imposed THEREFORE the Council of the Village of Port Burwell hereby enacts: 1. That a reserve fund be established Development Charges received in accordance to Bylaw 91-30 and any amendments thereof. 2. That $6,000.00 initially be placed into the Development Charges Reserve Fund considering monies collected for the years 1991 through to 1995. Further monies from time to time are to be placed in the Reserve Fund as collected in accordance to Bylaw 91-30 and any amendments thereof. 3. That all monies collected as Development Charges in accordance to the bylaws and legislation be placed in the General Reserve Fund. 4. That the Clerk/Treasurer be authorized to invest the funds as required to earn the best possible rate of return without risking the principal amount of the reserve funds. I 0 Read a first and second time this 14th day of March, 1995. fr Tom Nesbitt, Reeve 44)1 s avi,P-.Free inistrator/Clerk-Treasurer Read a third time and finally passed this 14th day of March, 1995. JIB m es.itt, _Reeve 4.0 R. Free inistrator/Clerk-Treasurer r 2 ©'i PORT 80 THE CORPORATION OF THE VILLAGE OF PORT BURWELL P, O. Box 10, Port Burwell, Ontarco NOJ ITO 4 PEIMS=°IVE telephone(519) 874-4343 • fax (519)874-4948 +=oft% f.N $4111211111.4 FORTUS REFUGIUN Memo Date: March 13, 1995 To: Council From: D. Free Re: Development Charges Council: Considering recent inquiries with regard to potential development it was necessary to review the Development Charges bylaw 91-31 and subsequent amendments. Upon my initial review I request both our solicitors and planning consultant to review the bylaw providing their input in the matter. The letters from both Mr. Peterson and Mr. Hendricks are attached for councils perusal. As summary of what is required currently in order to establish fair and equitable Development Charges is a number of steps of which first and foremost is the establishment of a Reserve Fund. The second step is to deposit monies collected in the past into this reserve fund. To this end the attached bylaw commences process necessary in order to comply with provincial legislation and to make our financial records and bylaw valid. Again this is a correction of an oversight by both previous administration and auditors as monies apparently were collected in 1991 and 1992. Subsequently updating of the bylaw is required and must commence immediately in order to justify the collection of any amount of money as permitted by the Development Charges Act. I now inform council of my intention to involve both the municipal solicitors and the planner in this matter as time is not available to devote to this project inclusive other local requirements. I have enclosed relative legislation (Development Charges Act, Regulations as referred to by the solicitor, the Planning Act and the Municipal Act) which provides details of how Development Charges are to be amended inclusive of the specific obligation of the muncipality to establish reserve funds and to separately allocate/ monitor the collection of monies as permited by the bylaw and legislation. 1 David R. Free, CET, AMCT(A) • Administrator/Clerk-Treasurer q Please consider the attached at your earliest convenience in order to properly establish our financial records for 1994 and future years and commence the process of collection for various potential development protects. ` +`: Free ,Ends. 2 • MICHAEL F. PETERSON, B.Sc.(Agr.), LL.B. Barrister & Solicitor 68 Bruce Street, London, Ontario N6C 1 G6 (519) 433-8635 95102 March 6, 1995 of pork,. Village of Port Burwell .7.40 P.Q. Box 10 / $ 1995 Port Burwell, Ontario NOJ ITO 4016AotFus ,: Attention: David Free Administrator/Clerk-Treasurer Dear Mr. Free: Re: Devdooment Charges By-law I have reviewed the package of materials you provided to me with respect to this matter. I have also had the benefit of reading Mr. Henricks' letter on the topic, dated February 23, 1995. From our brief discussion on March 3, 1995, I gather that one of your primary concerns is with the prospect of amending the By-law to reduce the amount of the charge. I would agree substantially with Mr. Henricks' review of the status of the current By-law. As I discussed with you, the forecasts for development and population growth in the Village, as set out in the background study, have proven to be overly optimistic. This does not mean that someone can now challenge the By-law on the basis of the forecasts being incorrect. The appeal period is long past. The only present opportunity for appeal lies under section 8 of the act. That section provides a right to complain that there has, inter alfa, been an error made in the amount being charged to a particular development. There is no right to attack the basis for the charge Mich is found in the background study itself. By-law 92-31 was passed to amend the Development Char es By-law, 91-30, by providing for a phasing in of full charges as of January 1,1994 dot this ipowtios apiaw was teat awalediaanseadanwiliiiiiillillma goyim Act. If council intends to amend By-law 91-30 again, even in order to reduce the amount of the charge (as I gather it is perceived that 54,056 is excessive), Section 7 of the Act permits council to amend By-law 91-30. The notice and public meeting requirements of section 4 must be followed.11.11111111111111161111bantilha me& 72189; I have not updated the regulation to check for 2 amendments, but I will do so at your request. If you have any questions about the notice provisions or the requirements of section 4, please let me know, The difficulty arises with respect to providing a sufficient rationale for the reduction of the charge. A development charge cannot be an arbitrary figure. There must be an analysis of the growth-related net capital costs anticipated by the Village. We know that the projections in the original study have not come to fruition, but a reduced figure cannot simply be pulled out of a hat; such a charge would not withstand the scrutiny of the OMB, but practically speaking, it seems unlikely that a lower charge would be the subject of an appeal. ii 04 an reduciethe moot a[tte Development Charge,then I ' braving: -undertake a limited study on the population growth and the amount of new development in the Village; -the conclusion of the study could be that the projected amount of development over the life of the current By-law 91-30 is substantially less than was anticipated at the time the By-law was passed; -the study should attempt to show what the growth-related net capital costs have been, and based on this pattern, what they are expected to be for the remainder of the 10 year period; -a new proposed charge could then be calculated I realize that none of the monies collected to-date have been expended, sepia port beditinmieslistiiintstramwevlbed witaillwallilliht As we discussed, all development charges collectedullotwillill You should also note the reporting requirements of section 17 of the Act and section 12 of O.Reg. 725/89. Ultimately the real issue is whether anyone would appeal a by-law which were to reduce the amount of the charge. I understand that no development charges were paid in 1994 and consequently no one has ever paid ir excess of$2,000. That would at least hopefully mean there would be no one who felt abused by having to pay the higher amount of$4,056. However, anything is possible. That is why I recommend at least a modest study to justify any amending by-law. An amending by-law is subject to the 20 day appeal period set out in section 4(4) of the Act. As an aside, I would draw your attention to section 10 of O.Reg. 725/89. Does the Village have a pamphlet describing the development charges being imposed? 3 I have attempted to deal with at least the most obvious concerns you might have with the present By-law. If! have not addressed an issue of interest, or if you require clarification of any of the matters raised above, please let me know. Yours very truly, "fofichael F. cc. John Henricks S. 3 DEVELOPMENT CHARGES ACT (b) provide that a development charge shall be payable in money or by the provision of services or by a combination of both as may be agreed upon under subsection 9(9) by the municipality and the owner. idem (5) Despite subsection(3),a by-law passed under subsection(1) may, (a) designate categories of institutions for the purposes of clause(b); (b) provide for a full or partial exemption of designated categories of institutions from the raiment of development charges; (c) designate categories of dwelling units as afordabk housing;and (d) provide for a full or partial exemption of designated categories of affordable housing from the payment of development charges. Limited exemption (6) No land,except land owned by and used for the purposes of a board as defined in subsection 30(6) or a munidpality,is exempt from a devel- opment charge under a by-law passed under subsection(1)by reason only that it is exempt from taxation under section 3 of the Asscrs+nent Act. Restriction on development charges (7) No development charge may be imposed with respect to, (a) local services installed at the expense of the owner within a plan of subdivision as a condition of approval under section 51 of the Planning Act; (b) local services installed at the expense of the owner as a condition of approval under section 53 of the Planning Act;or (c) local connections to water mains, sankary hewers and storm drainage facilities installed at the expense of the owner including amounts imposed under a by-law passed under section 222 of the Municipal Act. ARao loin: The Development Charges Act is not a general taxing statute that should be inter- preted in favour of the payor but is a specific revenue generating statute confined to certain classes of development:Hamilton-Wentworth(Regional Municipality)DDeve!- opmeru Charges By-law R90--082 (Re) (1991), 25 0.M.B.R 257, 6 M.F.L.R. 52 (O.M.B.). PANIC Main 4. (1) Before passing a development charge by-law, except a by-law passed pursuant to an order of the Municipal Board made under clause (11) (b),the council, (a) shall hold at least one public meeting; (b) shall give notice of the meeting in the manner and to the persons and organizations prescribed;and DCA I PART I DEVELOPMENT CHARGES S. 4 (c) shall ensure that sufncient information is made available at the meeting to enable the public to understand generally the devel- opment charges proposal. Right to be heard (2) The meeting referred to in subsection (1) shall be held no earlier than twenty days after the requirements for the giving of notice have been complied with and any person who attends the meeting may make rep- resentations in respect of the proposed development charges. Annotation: The phrase "no earlier than 20 days" does not mean 20 clear days notice and a municipality complied by giving notice of a meeting with 19 days clear notice:Ham- ilron-Wenrworth(Regional Municipality)Development Charges By-law R90-082(Re) (1991).25 O.M.B.R.257.6 M.P.L.R.(2d)52(O.M.B.). Notice of by-law (3) If the council passes a development charge by-law,except a by-law passed pursuant to an order of the Municipal Board under clause(11) (b), the clerk of the municipality shall,not later than fifteen days after the day the by-law is passed,give written notice of the passing of the by-law in the form and to the persons and organizations prescribed and the notice shall specify the last day for filing a notice of appeal under subsection(4). Appy (4) Any person or organization may,not later than twenty days after written notice under subsection(3)is given,appeal to the Municipal Board by filing with the clerk of the municipality a notice of appeal setting out the objection to the by-law and the reasons in support of the objection. Timing of notice (S) For the purposes of subsection(4),the written notice shall be deemed to be given, (a) where notice is given by publication in a newspaper,on the day that the publication occurs; (b) where notice is given by personal service,on the day that service of all required notices is completed;or (c) where notice is given by mail,on the day that the mailing of all required notices is completed. Record (6) A clerk of a municipality who receives a notice of appeal shall compile a record which shall include, (a) a copy of the by-law certified by the clerk; (b) an affidavit or declaration certifying that the requirements for the giving of notice under subsection (3) have been complied with;and ONTARIO PLANNING PRACTICE DCA 5 Sep rebel.1594 S. 4 DEVELOPMENT CHARGES ACT (c) the original or a true copy of all written submissions and material received in respect of the by-law before it was passed. Notice and record to U.M.B. (7) The clerk shall forward the notice of appeal and the record to the secretary of the Municipal Board within thirty days of the last day of appeal and shall provide such other information or material as the Board may require in respect of the appeal. Affidavit,declaration conclusive evidence (8) An affidavit or declaration of the clerk of the municipality that notice was given as required by subsection(3)or that no notice of appeal was filed under subsection (4) within the time allowed for appeal is con- clusive evidence of the facts stated therein. Hearing (9) The Municipal Board shall hold a bearing notice of which shall be given to such persons or organizations and in such manner as the Board may determine. Early dismissal of appeal (I0) The Municipal Board may, where it is of the opinion that the objection to the by-law set out in the notice of appeal is insufficient,dismiss the appeal without holdings full hearing but before dismissing the appeal shall notify the appellant and give the appellant an opportunity to make representations as to the merits of the appeal. A naotdton; In Georgina(Town)Development Charges By-law 91.145(TA-1)(Re)0993). 28 0.M.B.R. 184(O.M.B.).the Board dismissed an appeal without a hearing where the appellant's objections did not relate to the appropriate relationship between the charges sought and the development but rather related to matters that were irrelevant or that could not be considered by the Board. Determination by O.M.B. (II) The Municipal Board may. (a) dismiss the appeal; (b) order the council of the municipality to repeal the by-law in whole or in part or to amend the by-law in accordance with the Board's order;or (c) repeal the by-law in whole or in part or amend the by-law in such manner as the Board may determine. A+rnotation: In Kirslsin v_ Landon (City) (1992). 28 O.M.B.it. 376. 13 M.P.L,R. (2d) 115 1O.M,B.). where an owner replaced an existing serviced triplex with a new larger triplex.the Board held that the development charges by-law should be amended to give DCA6 PART 1 DEVELOPMENT CHARGES S. 5 a credit for demolition and that the municipality had not met the threshold test of s. 3(I of the Development Charges Act since there was no evidence that the new triplex would increase the need for services. In evaluating a municipality's development charges. the Board must consider the situation at the time the municipality formulated the development charges and may test the charges by asking whether they were relevant,necessary,reasonable and equitably applied: Srrarhroy (Town) Development Charges By-law 23-92 (Re) (1993). 29 ©.M.B.R.414(0.M,B.).(In this case.the Board expressly applied the test from Mod. Aire Homes Ltd. v. Georgina(Township)(19'84), 17 O.M,B.R.213(©.M,B,),that had been used to test lot levies imposed for subdivisions under the Planning Act.) Restrictions on amendments (12) Despite subsection (11), the Municipal Board may not amend or order the amendment of a by-law so as to, (a) increase a development charge imposed by the by-law;or (b) alter the term of the by-law. Annotation: The public meeting may be held on the twentieth day from the giving of the notice: it is not necessary to provide twenty clear days'notice:Hamilton-Wentworth(Regional Municipality)Development Charges By-law R90-082(Re)(1991).25 O.M.B,R. 257. 6 M.P.L.R.(2d)52(O.M.B.). On an appeal of a development charges by-law.the Ontario Municipal Board may increase amounts relating to any individual service category or service components designated by the by-law as long as the Board does not raise the total amount of the development charge: Ontario (Urban Development Institute) v. Oakville (Town) (1993). 160.R.(3d)234,29 U.M.B.R.385(Div.Ct.). Where a municipality passes a development charges by-law after the public hearing required by the Act and then without a public hearing passes technical amendments that do not affect the quantum of the charge or the service categories. the Ontario Municipal Board has the jurisdiction on an appeal to make the amendments without sending the by-law back to the municipal council for a public hearing:Lincoln(Town) By-law 91-60(Re)(1993),29 U.M.B.R.2, 16 M.P.L.R.(24) 300 sub nomt. Huffman (Re) (O.M.B.), affd 16 O,R. (3d) 234. 29 0.M.B.R. 385. sub nom. Ontario (Urban Development Institute)v.Oakville(Town)(Div,CI.), Date by-law effective 5. (1) A development charge by-law comes into force on the date it is passed or the date specified in the by-law,whichever is later. Retroactive repeal (2) lithe Municipal Board orders the council of a municipality to repeal a by-law in whole or in part,that part of the by-law that is repealed shall be deemed to have been repealed on the day the by-law came into force. Refund (3) The municipality shall refund all development charges paid under the by-law or that part of the by-law that is repealed under subsection 4(11)4 ONTARIO PLANNING PRACTICE DCA 7 September taut PART 1 DEVELOPMENT CHARGES S. 16 respect to land within the area to which the by-law applies, the munici- pality shall give a credit for an amount equal to the reasonable cost to the owner or to the former owner of providing the services. Idem (3) if an owner is required to pay a charge to a municipality under a by-law passed under section 218 of the Municipal Act,section 4 of The City of Ottawa Act, 1960-61 or section 1 of The City of Toronto Act,1961-62,the municipality shall reduce the development charge payabk under the development charge by-law by an amount equal to the charge imposed by that by-law. Conflicts (4) if a conflict exists between the provisions of a development charge by-law and an agreement referred to in subsection(1)or(2),the provisions of the agreement prevail to the extent of the conflict. Idem (5) if a conflict exists between the provisions of a development charge by-law and any other agreement between a municipality and an owner or a former owner with respect to land within the area to which the by-law applies,the provisions of the agreement prevail to the extent that there is a conflict. Annotation: The object of this section is to avoid double charging for a lot that was approved for development before the enactment of the Development Charges Act.The section pro- vides a credit for past charges even where those charges differ from charges under the Act Kensar Investment Inc. v. Peterborough (City) (1993), 14 O.R. (3d) 464, 15 M.P.L.R.(2d)262(Gen.Div.). Multiple requirements 15. (1) A municipality shall not levy more than one development charge on land to which a development charge applies even though two or more of the actions described in clauses 3 (1) (a)to(g)art required before that land can be developed. Idem (2) Despite subsection (1), if two or more of the actions described in clauses 3(1)(a)to(g)occur at different times,a municipality may require the payment of an additional development charge if the subsequent action has the effect of increasing the need for services. mum amid M (1) Payments received by a municipality under this Part shall be maintained in a separate reserve fund or funds and shall be used only to ONTARIO MANN'NO PRAC"ri+CE DCA 13 March 1994 S. 16 DEVELOPMENT CHARGES ACT meet growth-related net capital costs for which the development charge was imposed. Section 163(2,3)of Municipal Act apply (2) Subsections 163(2)and (3)of the Municipal Act apply with neces- sary modifications to payments received by a municipality under this Part. illikument of hemmer r lil)1. The treasurer of the municipality shall,in each year,on or before such date as council may direct, furnish to the council a statement in respect of each reserve fund established under section 16 containing the information prescribed. Interest 18. (1) A municipality shall pay interest to persons to whom overpay- ments ire refunded under subsection 5(3),5(5)or 8(14)calculated in the manner prescribed. Idem (2) Interest shall be calculated from the time that the overpayment was collected to the time that the refund is paid. idem (3) The refund shall include the interest owed. Regulations VOL The Lieutenant Governor in Council may make regulations, (a) prescribing,for the purposes of section 3,the manner in which development charges shall be calculated; (b) prescribing the number of additional dwelling units and the categories of existing residential buildings for the purposes of clause 3(2)(b); (c) prescribing„for the purposes of section 3,those services for which development charges shall not be imposed; (d) Prescribing, for the purposes of clause 3(4) (a), an index or indices that may be used; (e) prescribing,for the purposes of subsection 4(1),the persons that are to be given notice and the manner in which notice is to be given; (f) prescribing,.for the purposes of subsection 4(3),the persons and agencies that are to be given notice and the manner and form in which notice is to be given; (g) prescribing,for the purposes of subsection 5(7),the information to be provided in the notice and the persons to whom notice is to be given; DCA 14 • CHAPTER 12 DEVELOPMENT CHARGES ACT REGULATIONS DEVELOPMENT CHARGES 'formerly O Re 1.(I) The determination of capital cosi shall not include costs levied in an agreement under section 51 or 53 of the Planning Ace before the corning into Force of a development charge by-law. (2) Despite subsection(I 1.the determination of capital cost may include*11 costs related to buildings.structures or facilities that have been oversized so as to accornmodste future growth. • 2. Despite any provision of a development charge by-law, a municipality shall not include in its calculation of development charges the growth-related net capital cost of a service that is not being provided at the time the development charges are being calculated 3.11) Subject to subsection(2).a municipality shall base the calculation of development charges on the provision of services at standards no higher than the standards to which such services are currently provided or have been provided at any time m the ten years preceding the calculation. (2) in calculating development charges,a municipality shall apply only those standards which have been approved by council and form pan of an adopted official plan. an approved capital forecast or other similar expression of the intention of council (3) A standard approved under subsection 121 may be based on the provision of a service. (a) throughout the municipality:or (b) within a portion of the municipality as designated in a development charge by- law (4) A municipality may change the manner in which the services we provided (5) Any changes adopted under subsection(4)shall be based on changes in the design. delivery or operation of the affected services,and shall not provide for the imposition of a higher standard of service than the standard used under subsection(I). (6) Despite subsections (I) and (5). if the standards which are currently applied are lower than the standards required under another Act, the calculation of development charges may be based oa the provision of such services applying the standards required under such Act. 4.11) The calculation of development charges shall be based on growth-related net capital costs for a period not exceeding ten years From the date a development charge by- law comes into force. (2) Despite subsection f 11, the calculation of development charges may be based on growth-related net capital costs for waver supply services. sanitary sewer services, storm drainage services.transportation services and waste disposal services for a period exceed- ing ten years. 5.111 A municipality may. in a development charge by-law.define uses as. (a) residential.commensal or other general category;sad (b) specific categories within the general categories described in clause fa). ONTARIO PLANNING PRACTICE DCAR I Mandl Itl93 S. 5 R.R.O. 1990, Reg. 267 (2) A municipality shall calculate the growth-related net capital costs attributable to each of the uses of land.buildings or structures designated in a development charge by-law (31 A municipality may impose,with respect to each use of land.buildings or structures designated in a development charge by-law. only those growth-related net capital costs attributed to that use. (4) A municipality that has provided,in its development charge by-law.for two or more specific use categories within a general category.may treat those specific use categories as a general use for the purposes of subsections(2)and(3). (5) A municipality may treat any or all of the uses specified in its development charge try-law,except residential uses.as a single use for the purposes of subsections(2)and(3). •.(I) In this section. "grade—means the average level of finished ground adjoining a dwelling unit at all exterior walls; ,.gross floor area" means the total area of all floors above grade of a dwelling unit measured between the outside surfaces of exterior wills or between the outside surfaces of exterior walls and the centre line of party walls dividing the dwelling unit from another dwelling unit or other portion of a building; "semi-detached or row dwelling"means a residential building consisting of one dwelling unit having one or two vertical walls.but no other parts.attached to another structure; "single detached dwelling" means a residential building consisting of one dwelling unit and not attached to another cincture. (2) Subject to subsection(3).a development charge by-law shall not impose a develop- ment charge with respect to the creation of. (a) one or two additional dwelling units in an existing single detached dwelling;or (b) one additional dwelling unit in any other existing residential building. (3) A development charge may be imposed under clause(2)(a)if the total gross floor area of the additional one or two units exceeds the gross floor area of the existing dwelling unit (4) A development charge maybe imposed under clause(2)lb)if the additional unit has a gross floor area greater than. la) in the case of a semi-detached or row dwelling, the gross floor area of the existing dwelling unit;and (b) in the case of any other residential building.the gross floor area of the smallest dwelling unit contained in the residential building. 7. A municipality may provide in a development charge by-law that development charges may be adjusted one or two times annually in accordance with. (a) the Composite Southam Construction Cost Index(Ontario Series); (bit the Engineering News Record Cost Indexes in 22 cities as published in the Engineering News Record;or (CI Statistics Canada quarterly. Construction Price Statistics, catalogue number 62-007. S. Notice of a public meeting under clause 4(1)(b)of the Act rnwy be given. (a) by personal service or prepaid first class mad to every owner of land in the area to which the proposed by-law would apply.at the address shown on the last revised asaessmenl roll or,if the clerk of the municipality has received written notice of a change of ownership of land,as that address;or lb) by publication in a newspaper that is, in the clerks opinion, of sufficiently general circulation in the area to which the proposed by-law would apply to give the public reasonable notice of the meeting. 9.11) The notice under subsection 4(3)of the Act of the passing of a by-law shall be in Fan l (2) Notice under subsection 4(3) of the Act shall be given in the same manner as described in section 8 and by personal service or prepaid first class mail. DCAR 2 R.R.O. 1998, Reg. 267 S. 12 (al to every person and agency that has given the clerk of the municipality a written request for notice of the passing of the by-law and has provided a return address. (b) in the case of a by-law passed by the council of an area municipality.to the clerk of the upper tier municipality in which the arra municipality is located. (c) in the case of a by-law passed by the council of an upper tier municipality,to the clerks of the arca municipalities;and (d) to the secretary of every school board having jurisdiction within the area to which the by-law applies. 14,(11 A municipality that has a development charge by-law in force shall prepare a pamphlet setting out. (a) a descnption of the general purpose for which the development charge is being imposed; (b) the schedule of development charges established under the by-law;and (c) the services for which the development charge is being imposed (2) A municipality shall prepare a revised pamphlet lithe development charge by-law is amended or a new by-law is amended or a new by-law comes into force. (3) A municipality shall prepare the pamphlet referred to in subsection(1)or(2). (a) if the by-law or the amendment to the by-law is not appealed under subsection 4(4)of the Act,within sixty days of the day the by-law or amendment to the by- law comes into force; (b) if the by-law or the amendment to the by-law is appealed and the appeal is. dismissed, within sixty days of the date of dismissal; (c) if the by-law or the amendment to the by-law is appealed and the council is ordered to amend the by-law, within sixty days of the date the municipality passes the amended by-law;or (d) if the by-law or amendment to the by-law is appealed and the Board amends the by-law, within sixty days of the date of the order of the Board. (4) The clerk shall provide one copy of the pamphlet to any person. without charge. upon request. (5) On or before the 1st day of March in each year.the clerk shall provide to the Minister of Municipal Affairs a copy of the pamphlet setting out the development charges in effect on the 31st day of December in the previous year (6) The clerk mayprovide additional copies of the op pamphlet to any person upon payment of a fee to cover the cost of printing the additional copies. (7) Any person may make copies of the pamphlet and distribute the copies to other persons. 11.(1) A credit given under subsection 13(1) of the Act shall not exceed the total development charge payable by an owner to the municipality. (2) The reasonable cost to the owner of providing the services under subsection 13(2)of the Act is the cost of providing the services in accordance with the standards described in section 3. 12. The statement under section 17 of the Act shalt contain the following information in respect of each service for which the development charge is being imposed: 1. The balance as of the Ise day of January. 2. The distribution of the development charge proceeds received during the year. 3. The amount transferred to the capital fund. 4. The development charge anvaunts refunded or allocated to other services. 5. The apportionment of accrued interest. 6. The closing balance as of the 31st day of December. 7. An addendum indicating for each project the intended application of the amount transferred to the capital fund. ONTA JO PLANNING PRACTICE DCAR 3 Septriatier l992 S. 13 R.R.O. 1990, Reg. 267 13.(l) A municipality shall pay interest on a refund under subsection 5(3).(5)or g(14) of the Act at a rate not less than the Bank of Canada rate on the date the development charge by-law comes into force. (2) Despite subsection (1). the municipality may adjust the interest rate on the first '+usiness day of January.April,July and October in each year to a rate not less than the rate established by the Bank of Canada on that date. (3) A municipality that makes an adjustment under subsection(2)is required to cont,nue making adjustments on the dates and at the rate set ow in that subsection. Form 1 NOTICE OF THE PASSING OF A DEVELOPMENT CHARGES ST-LAW BY THE CORPORATION OF THE OF TAKE NOTICE that the Council of the f (name of municipal corporation) passed By-law on the day of , 19 under section 4 of the Development Charges Act. AND TAKE Nemen ice that any person or agency may appeal to the Ontario Municipal Board in respect of the by-law by filing with the Clerk of the (name of the municipal corporation) not later than the day of 19 a notice of appeal setting out the objection to the by-law and the reasons in support of the objection, An explanation of the development charges imposed under the by-law,a description of the lands to which the by-law applies and a key map showing the location of the lands to which the by-law applies(or.alternatively.an explanation as to why a key map is not provided) are attached. The complete by-law is available for inspection in my office during regular office hours. Dated at the of this ...................day d . 19 Clerk of the . of • • a • DCA!4 THE CORPORATION OF THE VILLAGE OF PORT BURWELL PO Box 10 212 Pitt Street Port Burwell, Ontario BY-LAW 95-13 Being a by-law to set water and sewer user rates in the Village of Port Burwell for the fiscal year of 1995 WHEREAS by Section 218 of the Municipal Act R.S.O. 1990, M.45 as amended provides that Council of a local Municipality may by by-law provide for imposing upon owners or occupants of land who use sewage works a sewage service rate. AND WHEREAS by Section 218 of the Municipal Act R.S.O. 1990, M.45 as amended and others provides for imposing rates, regulating, metering, measuring and collection frequencies, methods for water and sewer rates. AND WHEREAS the municipality has the water and sewage infrastructure available for connections for most persons and businesses within the municipality. THE Corporation of the Village of Port Burwell hereby enacts: 1.0 ADMINISTRATION OF BY-LAW 1.1 This bylaw provides a minimum standards for the credit, collection and cut-off practices of water and sewer supplied by the Village of Port Burwell. This bylaw shall he interpreted and administered by the Administrator/Clerk-Treasurer only until such time as changes to the bylaw arc passed for clarification. 1.2 Compliance to the bylaw is required commensurate with the generally accepted practices by the majority of utility suppliers in Ontario. 1.3 Customers have the right to appeal specific charges within this bylaw. This expression will only he accepted if the complaint is written and I • detailed with the issues of concern and only upon payment of principle and penalties outstanding. If upon review of the matter council decides in favour of the appellant reimbursement shall be issued within 30 days of the passing of the resolution of council. 2.0 DEFINI'T'IONS 2.01 "Due Date" means the last day on which a bill is payable without a late-payment charge. 2.02 "Public Utility" means water or sewer services supplied to the public. 2.03 "Supplier" means a municipal or other corporation supplying a public utility. 2.04 "Apartment" or a "subsidiary residential premises", including a premises described in clause 1 (e) of the Landlord and Tenant Act; or a room or other subsidiary unit that is rented for residential purposes, including one that is rented to a member of the mortgagor's family or to an employee of the mortgagor. 2.05 'Trailer Park" or "Trailer Camp" means land in or upon which any vehicle, so constructed that it is suitable for being attached to a motor vehicle for the purpose of being drawn or propelled by the motor vehicle, is placed, located, kept or maintained, even if the vehicle is jacked-up or its running gear is removed, but not including any vehicle unless it is used for the living, sleeping or eating accommodation of persons therein. 2.06 "Campground" a commericial establishment renting areas daily or extended periods of time used for setting up a camp or holding a camp meeting. 2.07 "Mobile Home" means any dwelling that is designed to be made mobile, and constructed or manufactured to provide a permanent residence for one or more persons, but does not include a travel trailer or tent trailer or trailer otherwise designed; 2.08 "Single Family Residence" a unit or proposed unit under the Condominium Act, or (b) a structure or part of a structure, that is designed for occupation as the 2 residence of one family, including dependants or domestic employees of a member of the family, whether or not rent is paid for the occupation of any part of such residence, and whether or not the land on which the residence is situated is zoned for residential use, and "single family residence" includes any such residence that is to be constructed as part of the arrangement relating to a conveyance of land. 2.09 "Administrator/Clerk-Treasurer" means the individual holding the position of Administrator/Clerk-Treasurer of the Village of Port Burwell or a delegate thereof as appointed by Council. 2.10 "Council" means the elected Council of the Corporation of the Village of Port Burwell. 2.11 "Meter" means a device as supplied and owned by the municipality/public utility designed to measure and record the amount or volume, as of the flow of water consumed by the resident or user of the public utility. 2.12 "Remote Readout" means a device as supplied and owned by the municipality/public utility located in a conspicuous location which is directly connected to the meter for the purpose of registering the quantity of water as recorded by the metre consumed by the resident/residents of users of the public utility. 2.13 "OPSD's" means the Ontario Provincial Standard Drawings as published by the Municipal Engineers Association and as amended. 2.14 "OPSS's" means the Ontario Provincial Standard Specifications as published by the Municipal Engineers Association and as amended. 3.0 SERVICE CONNECTIONS 3.10 Water Connections 3.11 That all users of Port Burwell Municipal Water System will have their water supply metered. 3.12 The water meter, remote readout and meter connections are owned by the Corporation of the 3 Village of Port Burwell. 3.13 The water meter is to be sealed by the Corporation and the seal is to remain unbroken. 3.14 The readout is to be placed in a location as prescribed by the municipality with the owner supplying sufficient access and space with unobstructed visibility for reading with the naked eye. The municipality shall have full authority for the readouts location in order to ensure safety of employees, convenience and access for reading. 3.15 The utility user or occupant may with written consent only enclose the water meter in a manner to the satisfaction of the Village of Port Burwell. 3.16 The water meter is not to be altered, defaced, or changed in any manner. 3.17 The water meter is to be installed with a valve between the meter and the exterior curb stop in accordance to the Ontario Provincial Standard Drawings and Specifications. 3.18 There are to be no T's or supply splits between the stop cock and the water meter. 3.19 Any and all dwelling units, apartments, businesses establishments, mobile homes, campgrounds, trailer parks will receive one or more water consumption bill in accordance Section 5.0 and Schedule "A" of this bylaw. 3.20 Sewers Connections 3.21 No residents or businesses shall connect eavestroughs, sump pumps or divert rain water into the sanitary sewer system. All property owners will be responsible to remove storm water connection from the sanitary sewer system at their own cost. 4 3.22 Any existing connection which is not domestic sanitary sewage discharge will he required to disconnect at the expense of the property owner 3.23 Any and all dwelling units, apartments, businesses establishments, campgrounds, trailer parks will receive a sewer bill at the rate per dwelling unit as described within Schedule "A" of this by-law. 3.24 All properties which have reasonable access which is not cost prohibitative are to be connected to the sanitary sewer system and shall receive charges equivalent to being connected. 3.25 All property owners which are not connected to the sanitary sewer system shall be given reasonable notice for connection. Upon the expiry of the notice the municipality shall have the right to enter onto private property and make connection within the residential unit as deemed reasonable and cost efficient. 4.0 CREDIT CHECKS 4.1 All customers shall he required to complete Change Notices per Schedule "C" forming part of this bylaw. 4.2 The Village of Port Burwell will have the right to have a credit check made on any customer, and on request, notify any customer about whom a consumer report is obtained from a consumer reporting agency. 5.0 RATES 5.01 All work, emergency or otherwise, performed on private property to the direct benefit of one customer and/or property owner shall be charged at the current rate and is to be due on rendering of account. This charge is to he lien on the property and is to be collected as an addition to the water/sewer bill. 5 5.02 Any out of Town users shall pay a rate of 1.5 times the in Village users in accordance to Section 5.7 and all other terms and Schedules as they may apply as described within this bylaw. 5.03 New connections to the Port Burwell water system shall pay the direct costs for connection plus $200.00 administration fee. 5.04 Any person who contravenes this by-law is subject to a fine of up to $5,000.00 upon summary conviction or under Provincial Offenses Act. 5.10 Water Rates 5.11 All metered users shall pay a rate described in Schedule"A" forming part of this bylaw for the first cubic meter of water metered each month, and an additional per cubic meter rate metered each month in excess of the first 10 cubic meters. 5.12 Metered water users shall receive a minimum bill as descried in Schedule"A" for cubic meters per month regardless of quantity used, excepting for water consumption greater than minimum as described in Schedule "A" based upon the cubic meters per month. 5.13 Customers of occupied residence and businesses shall pay a minimum water rate equivalent to 55 cubic meters per month if metered readings are unavailable or tampered. 5.14 All Customers shall be be permitted one fee water turn off for the purposes of closing cottages or businesses for the winter months. Customers shall be charged $50.00 in case of water turn off for non payment of account. 5.15 No person may use water from a fire hydrant, with the exception of the fire departments. 5.16 An application fee of$25.00 will be levied for registering new water service with the municipality. 6 5.17 A water meter charge of$200.00 be levied for new meters installed. 5.18 No persons or Corporation other than those worizing on behalf of the Village of Port Burwell shall not alter or tamper turn on or off water supplies to residences or business. Those fund to be guilty of tampering with valves, hydrants or appurtenances of municipal water system shall be charges and fined in accordance to paragraph (5.13) of this by-law. 5.19 Any or all persons wishing to connect to the municipal water system shall pay for the direct costs to connect to the system for the equipment labour and material on the municipal property only plus a$200.00 administration fee. Costs to connect the service from the Road Allowance to building shall be the responsibility of the property owner. 5.2 Sewer Rates 5.21 All water users connected to the sanitary sewer system or which have reasonable access to the sanitsary sewers system in the residential categories described in Schedule "A" shall pay a sewage rate per cubic meter of water used or a minimum monthly rate in the amount of as described within Schedule "A" for the applicable dwelling unit or units serviced. 6.0 SECURITY DEPOSITS 6.1 The Administrator/Clerk-Treasurer may demand a deposit from new customers and those who show a poor payment record. 6.2 The deposit may be returned after two years at the discretion of the Adm inistrator/Clerlt-Treasurer. 6.3 Interest will be paid on deposits held more than six months. This interest rate will be prime plus 1.0%©. Interest will be rendered once per year, in accordance to the Public Utilities Act. 6.4 Residential and Commercial Deposits will be required by all single users and held in trust for two years in consideration of credit and history with the municipality as 7 follows; Minimum Deposit The Average Bi-Monthly Bill of the property, or an amount deemed to be satisfactory security by the Administrator/Clerk-Treasurer. Maximum Deposit Two Times the Average Bi-Monthly Bill of the property, or an amount deemed to he satisfactory security by the Administrator/Clerk-Treasurer. 7.0 BILLING & PAYMENTS 7.1 All water meters shall he read on or about the dates as follows; Feburary 28, 1995 April28, 1995 June 30, 1995 August 31, 1995 October 31, 1995 December 28, 1995 7.2 Billing shall be rendered every two months for the fiscal year of 1995 in accordance to the terms and rates within this bylaw due dates as follows; 1st Installment March 31, 1995 2nd Installment May 31, 1995 3rd Installment July 31, 1995 4th Installment September 29, 1995 5th Installment November 30, 1995 6th Installment January 31, 1996 7.3 Payments for water and sewers services shall be due on each and every date as in accordance to Section 7.2 of this bylaw. 7.4 Customers who do not maize payment for services shall be assessed at a one time 5.0% penalty charge and shall become due and payable immediately. 7.5 All users who teminate service before the dates when all meteres affected by this bylaw are to be read will charged on a prorated basis considering thier daily consumption pattern from the prior period billing to the date of the termination of the service. 8.0 COLLECTION PROCEDURES 8.1 The Administrator/Clerk-Treasurer shall be responsible for the collection of all accounts in accordance to the flow chart per Schedule "D" forming part of this bylaw. 8.2 If water services are to be terminated for non payment of account the customers shall at the discretion of Administrator/Clerk-Treasurer provide a minimum deposit of$132.00. 9 THIS by-law repeals and rescinds all other previous by-laws that administrate specifically the water and sewer system under the authority bf the municipality and which determine user rates. THIS by-law to come into effect on January 1, 1995 THIS by-law does not replace the Public Utilities Act R.S.U. 1990 P.52 Read a first and second time this 9th day of May, 1995. r.'fire Thom .: Nes•itt R� AT WOW Da ree Adm`? trator/Clerk-Treasurer Read a third time and finally passed this 'th day of May, 1995. � r Afir.amas esbitt Reeve At "Air . Free .ainistrator/Clerk-Treasurer 10 Schedule "A`r Village of Port Burwell Summary of User Charges Water and Sewer System Water Charges Water Charges Sewage Charges Sewage Charge■ per per per per I Dwelling Unit Dwelling Unit Dwelling Unit Dwelling Unit Sfcubic Meter Minimum Mthly Charge Slcubic Meter flat rate `i I Single Family Dwelling Units $0.90 $9.00 $1.25 $21.00 Apartments $0.90 $9.00 $1.25 $21.00 Mobile Home Parks $0.90 $9.00 $1.25 $21.00 Trailer Parks $0.90 $4.50 $1.25 $10.50 Commericial Establishments $0.90 $9.00 $1.25 $21.00 Campgrounds $0.90 $2.25 $1.25 $5.25 A Prepared by: D. Free 5/5/95 WATER S.XLS • • • • • The Corporation of the Village of Port Burwell lance Notice Credit Application Account Number: Municipal Address --- Previous Owner/Occupant/Tenant: Mailing Address (bar an Com.pond.nu.&Bi ) Change requested by: Category: 'Owner/Occupant,Tenant/Agent Effective Date: Mailing Address: (11144...t. om Mwucipal A,dd,..r) Bank: Address: Social Insurance Number: I hereby consent to the terms and conditions of by-law 93-08 respecting the municipal services provided and will at all times provide accurate and timely information with regards to my account with the Corporation of the Village of Port Burwell. I hereby understand and consent to a credit check with the Better Business Bureau considering credit pnivlegdes extended by the municipality. Signature: - Name: Municipal Agent: - Village of Port Burwell Water/Sewer Collection Process Schedule "D" Review of WaterdSewer Arrears by >. ,,.{.- Payment of Account upYs` Treestrsr approximately the x (me Cash teg+at Flow Chart} 5th Working Day after the ' due date of the bills. ' T Mail Notice 01 to Use Reminding of Arrears 7 day to Pay Acct l Approximately 7 Days,given before net step_ Rilexia t Mailing of Notice==to User - Deposit required 11 Notificaiton of Service Shut off equal to 4 months within b days minimum billing if applicable Landlord notified of pending third party demand _-- {ars Landlord Letter) Approximately 5 Days given before service shut orf. Service termination 11111111111.1 to occur between Monday& Plywt Thursday - Bailiff Services Additional Mil Sendai Charges councu Motheaten Collects User required by tenant only £ (or nail ir Charge through Third party dem and place on l ,' Taxes(Including Landlord it applicable fees)Returns all S (tree Letter) to Treasurer t� ' .. i. ,2 - �' . <,k„,lag • t ' _ Payment " 6 / Should property owner fail to pay amount, arrears will be added on Tax Al; Roll and Collected via a Distress a Warrant under the authority of the Municipal Act RSO 1990 Sections 384, 385 and 400 to 405 inclusive .�>: Note &; ' " 3;" ' e `. t Penalty Cheops or 5+1 ol Mtn bdbng Ironed merged on n.•trig day d after the due date 2 See adad+ad Nobhcamns and nears to Landlords to to used n Ow/process •�'{;_ 3 Sarno.Shut err awe and other costa wra be added to the Wiry • " . and all be collected by Treasurer n acs nen 1 c.pal Act ' RSO IMO at 45 and the Public UbMes Act RSO Cleat P 52 4 The Treasurer all not accept payment by post dated cheque M -4:.'':: as/ec 150n with utility arrears S 5 The Treasurer.hal recite trek cetVrd cheque miler rrstney order only e Thad party demand on the tandord pinheaded under She Tea ll Freedom or bdernraparr and Pricy Act(Cornrraseuxu bs4rpeprYer.} 7 A baAdr shall be amid et vtitancaa where the teetty account mull Warrants to be Filed in 1 be place on the tea row rue colon The Treasurer via We a Records Mgmt System -4. Woolard la Cohan es a final strategy and in ostances ala a payment can net be secured by the procemes mato the 3document .Trues may vary regorging the mecubon d each sus or booed upon echedrlle al MOS OW and Treasurer ;r.'t' .r C. h,. 4.Al ODIXIIaea Mast mMMbp rapieeetse terns when applying nor webs ermar serWce or diene aoaprt becomes dearequent The Village ©f Port Burwell PO Box 10 a 21 Pitt Street Port Burwell ON NOJ 1TO 519 874 4343 ot POR 00 tom" W. Vis• 4 PRESS RELEASE Special Council Meeting May 1, 1995 THE COUNCIL OF THE VILLAGE OF PORT BURWELL has after many hours of research, analysis and review have developed a new user charge system for the water and sewer systems for the municipality which will result in rate decreases (1994 compared to 1995) for users of the utility. The new system of billing is based on consumption for both sewers and water addressing various user complexities considering residential, seasonal and commercial users of the utility. The new billing system also addresses manditory connection for persons and businesses who have reasonable cost effective access to the system. The rate system continues a strategy of system rehabitation while expanding the municipal service area. The rate structure is as follows; 1995 User Rates Single Family Dwelling Units, Commercial Customers, Apartments and Mobile Homes ctea $0.90 per cubic meter or$9.00 per month per dwelling unit minimum bill Sewer $i.?5 per cubic meter o1 water used or$21.00 per dwelling unit per month minimum hill 1 Trailer Paras Water $0.90 per cubic meter with$4.50 per month per trailer minimum hill Sewer $1.25 per cubic meter of water used or$10.5 per month per trailer minimum hill Campgrounds Water $0.90 per cubic meter or$2.25 per month per site per month minimum bill Sewer $1.25 per cubic meter of water used or$5.25 per month per site minimum bill * ' Sewage Charges applied only if there is a direct connection to the property servicing 1 or more camp sites Bylaw 95-13 is tentatively scheduled for introduction at the May 10, 1995 Regular Council meeting and immediate implementation for the second billing period of 1995. The changes in the user charge system is the result of community driven concern for a fair system of billing for full time and seasonal residents; large and low consumption customers and ratepayers and recreational users of the Port Burwell systems. In adjusting the municipal accounting systems a cost accounting approach to the budget process has been used resulting in rate reductions. 1994 rates Water $1.00 per cubic meter or$10.00 per month per dwelling unit minimum hill Sewer $23.00 per dwelling unit per month flat hill Original Signed David R. Free Administrator/Clerk-Treasurer 2 (+) G�dF PORT 86"P4 THE CORPORATION OF THE ' 11nr tf . � PILLAGE OF PORT BURWELL ylr P. O. Box 10, Port Burwell, Ontario NO) ITO � ` � � telephone (519) 874-4343 fax (519)874-4948 i..Aft! i°ORTUS REFUGIVA Memo Date: March 13, 1995 To: Council From: D. Free Re: Water Sewer Bylaw 95-13 Council: The attached Water Sewer By-Law is the assembly of many of hours of work and analysis with regard to the existing municipal public utility service infrastructure. The highlights include new classification of users which renders fair and equitable charges for all residents who have access to the municipality's environmental systems. The bylaw has been made more comprehensive facilitating administrative issues and responsibilities. I would draw to councils attention the flow chart for some of the issues are as follows; Reduction in Water Charges by 5% Increased and Equitable Charge for Trailer Parks Sewage Charges based upon water consumption and a flat rate system Charging the Port Burwell Provincial Park on the basis of camp sites I would request that council review the attached at their earliest convenience for consideration in order that bills can he mailed. • David Free Encl.. David R. 'Free, CET. AMCT(A) • Administrator/Gerk-Treasurer Village of Port Burwell ' Water Sewer Budget 1995 AGE TREATMENT Cost %of Total Cost 1995 Cost 1994 Y- uditor - $1,500.00 1.05% nsurance _ $3,000.00 2.10%, Village Staff Salaries $22,480.00 15.72% onferences &Training $1,000.00 0.70% Staff Support $5,000.003.50% Building Costs $3,000.00 2.10% Postage $1.000.00 0.70% Office Supplies $1,000:00 0.70% Phone Expense $1,000.00 0.70% Equipment A Vehicle Repairs $1,000.00 0.70% Pumping Station Hydro $1.000.00 0.70% Computer Support& Software $1,000.00 0.70% MOE Precept Charges $75,000.00 - 52.46% Repairs to System $3,000.00 2.10% STP Budding Repairs& Maintenance $1,000.00 0.70% App'n to Reserves STP $5,000.00 3.50% App'n to Reserves Sewage System $5,000.00 3.50% Appropriation to Reserves Equipment $5/000.00 3.50% Engineering $5,000.00 3.50% otal Cost $142,975.00 $144,945,92 ATER SUPPLY Cost %of Total Cost 1995 Cost 1994 Auditor 11,500.00 1.39% Insurance $3,000.00 ' 2.77% Utilities $2,000.00 1.85% Building Costs $3,000.00 2.77% Meters PurcheselRepacement $3,400.00 2.77% onferences &Trainini $1,000.00 0.92% Postage $1,000.00 0.92% a lice Supplies - $1,000.00 0.92% . Ex. .. • . $1,000.00 0.92% .. & Vehicle Repairs $1,000.00 - 0.92% Village Staff Salaries $22,940.00 21.19% omputer Support &Software $1,000.00 0.92% hly Water Charge- $24,800.00 22.91% OE Precept Charges __ $17,000.00 15.71% pita( Projects/Debt Repayment $5,000.00 4.62% $5,000.00 4.62% to Reserves (System) $5,000.00 4.62% L. . 4. to'Reserves Equipment - $5,000.00 4.62% ,+„3 to System $5,000.00 ' 4.62% otal Cost - $104,240.00 $14,273.00 - - -- - -- -- - -_- ` - - AYIyri Parvkw.by D R kw / rwr/C -T...wr.r 7141 wIMrnIPs.xu ii,,," Village of Port Burwell Water Sewer Rates Calculations 1995 FEWAGE TREATMENT _ - Customers @ Year End 1994 500 1994 Monthly Sewage Rates $38.65 Sewage Costs 1995 $137.975.00 Mkiimum 1995 Monthly Chrg $23.00 Levied Rate $23.00 ` Total Revenue $138.000.00 Surplus/Deticit $25.00 WATER SUPPLY Projected Village Usage fcmi - 91,400 Customers as st December 1993 580 Projected Avg Mthly Usage(cm" 22.00 1994 Cost per cm $1.00 1994 Minimum Chrg $10.00 1995 Cost per cm $0.85 _1995 Minimum Chrg $8.50 - Water System Cost 1995 - $108,240.00 • Less: Local Improvement Levy $0.00 Total Water System Cost $108,240.00 Projects(' Consumption lcml 91,400 Calculated Water Rate 1$/crml $1.18 Levied Rate $1.20 Minimum Charge per month $12.00 - r Projected Revenue - - $109,880:00 SurplusANtficit - $1,440.00 ArriyM.Miry y D.R.Pros Aiirwaor/C7att-Tw.wnr i?AMPS 2240 ws)SJai The Corporation of the Village of Port Burwell PO Box 10 21 Pitt Street Port Burwell ON NO) 1T0 BY-LAW 95-14 Being a 'by-law to provide for the management, control, regulation, maintenance and usage of all facilities, parklands and properties owned or leased by the Village of Port Burwell for Parks and/or Recreation purposes; and a By-law to authorize the carrying on of a Community programme of Parks and Recreation within the meaning and regulations of the Ministry of Recreation, Culture and Tourism. WHEREAS the carrying on of an organized programme of Parks and Recreation activities and the provision of recreation services to provide recreational opportunities is conducive to the well-being of a community and to the advantage of its inhabitants, both collectively and individually, and; WHEREAS the Council of the Corporation of the Village of Port Burwell is authorized to carry on such a programme and to place the same in charge of a Parks and Recreation Committee, and; WHEREAS the Council is empowered to manage, control, regulate and maintain the use of all facilities, parklands and properties within the parklands, and; WHEREAS it is deemed desirable the facilities, parklands and properties be maintained and controlled for the enjoyment and benefit of the citizens of the Village; NOW THEREFORE the Council of the Corporation of the Village of Port Burwell enacts as follows: 1. In this By-law: a) "Council"means the elected Council of the Corporation of the Village of Port Burwell Council b) "Village" means the Corporation of the Village of Port Burwell c) "Chairman" means the Chairman of the Parks and Recreation Committee as appointed by the Chairman Committee. d) "Vice Chairman" means the Vice Chairman of Vice Chairman the Parks and Recreation Committee as appointed by the Committee. • i` • • e) "Department" means the Parks, Recreation, Culture &Tourism Department. of the Village of Port Burwell . s {) "Director" means Director of the Parks, Recreation, Culture & Tourism Department. 2. There is hereby authorized and established for the municipality a community programme of Parks, Recreation, Culture and Tourism which includes cultural, physical, multicultural and social activities within the meaning of the regulations set out tender the Ministry Recreation Culture and Tourism and the same shall be carried on for the well-being of the community and for the use, benefits and advantage of the inhabitants. 3. The community programme of Parks and Recreation shall be conducted by a Parks, Recreation, Culture &Tourism Director who shall be advised and directed by the Parks and Recreation Committee, hereby referred to as "the Committee". The said Committee shall assist the Director in formulating direction and policies for and relating to the administration of community programmes, facilities and parkland. The Committee shall also oversee the Director's fulfilment of his job responsibilities, as outlined in Schedule "A". a) The Committee shall be composed of S persons, residents of the municipality and representative of those centres of activity in the community whose thought and assistance will give heed to the benefits to be obtained by the Committee. One (1) member of the Committee shall be an elected members of the Council. b) The Reeve shall be ex-officio as a member of the Committee. 5. . The Committee shall he appointed by, and the terms of office of its members shall be established by the Council. The members of the Committee who are not members of a Municipal Council shall hold office for three (3)years, provided that on the first appointment the Council, from among such members shall designate members who shall hold office; a) until the 1st day of January of the year following the date of appointment; b) until the let day of January or the second year following the date of appointment; c) until the 1st day of January of the third year following the date of appointment respectively, so that as nearly as possible, one-third of such members shall retire each year; and the members of the Committee who are members of Council shall he appointed for three (3) year terms. 6. Concluding in the Municipality the community programme of recreational activities within the meaning of the regulations of the Ministry Recreation, Culture and Tourism and without limiting the generality of the foregoing, the Committee shall: a) Elect a chairman and vice chairman annually from among its members, and other such officers as may be required. b) Enact by-laws for its own government and make rules and regulations for the proper conduct of its programmes. All by-laws, rules and regulations of the Committee shall be subject to the approval of Municipal Council. c) Hold regular monthly meetings at designated locations accessible and open to the public. d) At any meetings of the Committee, have a quorum which shall consist of a minimum of five members. e) Have an agenda and material for review sent to each member three (3) days prior to monthly meetings and also a departmental financial statement when available for the Committee's perusal. f) Pass formal sets of minutes and resolutions that shall be brought before Council to become officially approved. Copies of these minutes shall be available to the public. g) Submit to Council, through the Recreation Director, an annual report of its activities and such other reports as may be required from time to time. h) Recommend to Council for any hiring or discharge of a Director whose duties shall be established by the Council in consultation with the Committee. i) Through the Committee Chairman, advise the Director on personnel who are not fulfilling job responsibilities. j) In assistance with the Director, develop a yearly budget and maintain control of it through the review of financial statements at monthly meetings. The budget shall be brought before Council by the Director for discussion and approval. k) Be authorized to work jointly with other municipal services in establishing, operating, and maintaining a supervised public recreation system of facilities and activities. I) When advisable, appoint area recreation committees and the Committee shall provide such services as it deems necessary to assist these area committees in carrying on their activities. m) Appoint as it deems necessary, such adhoc committees to act in an advisory capacity to the Committee, i.e. Leisure Council. 11) Be expected to maintain an efficient relationship with the Director to promote maximum recreation, culture and tourism opportunities while establishing good business practices and sound financial management. o) Act as a lobby group when necessary to promote various new programmes that it feels are an improvement and important to the community's recreational opportunities. p) Encourage comments, attitudes, and concerns from the general populace to be brought up for discussion within Committee meeting formats. q) Solicit and/or receive gifts or bequests of money or any donations to be applied in furtherance of the community programme of recreation hereby established. r) Prescribe fees for participation in, or admittance to, any part of the community programme of recreation. s) Incur expenditures to the extent provided in the annual approved budget or as approved by Council in accordance purchasing policies of the Village. t) Undertake all such other lawful things as are incidental or conducive to the achievement of its objectives. 7. No debt or obligation shall be incurred by the said Committee unless duly authorized by resolution of the Council, 8. In carrying out the provisions of this By-law, the Committee shall at all times he the agent for the Village of Port Burwell and while acting bona fide within the limits of the authority of this By-law, neither the Committee nor any member thereof shall incur any liability by reason of anything done or left undone by the Committee; provided however, that nothing in this paragraph contained shall authorize or empower the Committee to incur any debt, liability or obligation for which the Village of Port Burwell shall become liable without having previously obtained the consent of the Council of the Village of Port Burwell.. 9. It shall be the duty and responsibility of the Chairman's or, in his absence, Vice Chairman, to: 9.1 Advise the Director in regards to controls, regulations, maintenance, development, and usage of all facilities, parklands and properties; and the employment and performance of departmental personnel. 9.2 As required, recommend to the Director any revisions, additions, or amendments to the by-law for improvement to the management, control, regulations, maintenance and usage of facilities, parklands and properties. 9.3 Be responsible for the duties as stated in this by-law for the following parklands; Centennial Park, Memorial Park, East Beach Park, Market Square Park, Big Otter Creek Park and additional parks as designated by Council shall be contained in Schedule "B" attached hereto. 9.4 Assign sub-committee responsibilities on a yearly basis. 9.4 Liaison with the Horticultural Society, the Museum Committee and the Business &Tourist Association. 9.5 In consultation with the Director, recommend the suspension of a Committee member for excessive absenteeism. The Chairman with the majority support of the Committee shall advise Council re: absent members, and where necessary, recommend to Council that appointments to the Committee he terminated due to members' attendance. 10. The amount of payment for Committee members shall he established by Council and based on monthly meetings and/or subcommittee meetings. Members absent from all Committee activities for a period of two consecutive months shall forfeit all payments for said period. Members absent from more than three meetings during the yearly term shall forfeit payments for all additional missed meetings. 11. The Committee Vice Chairman shall take on all Vice Chairman responsibilities in the absence of Chairman Duties the Chairman. 12. 12.1 "Parklands means any and all lands owned by Parklands or made available by lease, agreement or otherwise to the Village that has been or hereafter may he set apart, designated, dedicated or established by Council as public parkland and as further designated on Schedule"A" attached hereto: • 12.2 "Properties"means any and all buildings, structures, equipment, trees, shrubs, horticultural display, benches, walkways, tennis courts, arenas, rinks, docks, launching ramps, pools, waste disposal containers, playground apparatus, shelters, washrooms, fencing, lighting, parking areas or other such properties that may be placed or erected on Village of Port Burwell parklands; 12.3 "Posted Area" means any area that is posted by sign, notice or other device for a specific Area purpose or to restrict certain activities in or on Village parklands under the authority of this by-law. 12.4 "Parking Area" means an area that is physically laid out and/or improved for the purpose of Area parking vehicles or that is designated by an official sign for such purpose in or on a Village parkland. 12.5 "Roadway" means an area that is physically laid out and/or improved for use by vehicular traffic except where posted as a service road Properties for Village vehicles only. 12.6 i) "Vehicle" means any motor vehicle as defined Motor in Section 1(1)35 of the Highway Traffic Act, RSO 1990. ii) "Motor Vehicle" means any motor vehicle as defined in Section 1(1)17 of the Highway Traffic Act. iii) "Motorized Snow Vehicle" means any Motorized snow vehicle as defined in the Motorized Snow Vehicle Vehicles Act, Section l(f). 12.6 "Walkway" means an area that is physically Walkway laid out and/or improved for use in or on Village parkland by pedestrians, and non- motorized manually propelled vehicles, providing that pedestrians shall at all times be given the right of way. 13. it shall be an offence for any person or persons to do any of the acts hereinafter specified within the limits of Village Parklands and properties: a) To damage, destroy, injure, deface, tear up, Damage to burn, dig, or mark any portion of parkland Parks and Properties or any properties erected, installed or contained on parklands. To dump, deposit or leave any refuse, garbage, Garbage waste, paper, soil, sod, plants or any other or Debris type of domestic or industrial waste on or in Parklands or properties contained therein except in receptacles that may be provided for such purpose. To pollute or contribute to the pollution of water in any rivers, lakes, streams, watercourses, reservoirs, ponds, swimming or wading pools or other receptacles for water by allowing pets to enter or by throwing or depositing any solid or liquid matter into said waters. d) To kill, maim or in any way molest or disturb any animal, bird or water fowl that is enclosed to Animals or whose habitat is in Village Parkland. e) To lead, carry or otherwise take any animal upon Animals or into Village Parkland other than designated in Parkland areas, with the exception of household pets, who must be kept under control, provided that dogs must be on a leash or chain not more than six feet long. When leading a dog by a leash or chain as required, to not clean up and remove the dog's droppings. To allow dogs either attended or unattended to foul any public parks, squares or ground. 1) To conduct or participate in sports or other active endeavour in areas that are designed specifically as horticultural and landscaped sites, passive and sitting areas and facilities for young children. g) To enter a"posted area" that is designated if "no admittance" or "no trespassing". h) To contravene any posted rules and regulations relating to the operation of arenas & regulations swimming pools, recreation centres or other Municipal properties. 1) To conduct oneself in a manner that is detrimental to the safety and enjoyment of others using Parklands and properties. To use any part of Village parkland for the purpose of : i) washing, cleaning, polishing, servicing, maintaining or, with the exception of any emergency, repairing any vehicle, motorized vehicle or motorized snow vehicle. ii) instructing, teaching or coaching any person in the driving or operation of a vehicle, motorized vehicle or motorized snow vehicle. To conduct or participate in group or individual sports or activities such as golf, archery, skeet shooting, fishing, lawn darts, boomerang a throwing or any activity deemed by the Committee to be dangerous to the public safety in any area of any park except those areas physically laid out, designated and/or improved for such use,To breach, while on or in Village parkland or Contravention properties any existing municipal by-law or of Federal&Provincial laws federal or provincial statute. 14. It shall be an offence for any person or persons to do any of the acts hereinafter specified in this section within Village parklands and properties without receiving prior written permission from the Recreation Director. The Recreation Director, Chairman or his designate, Committee is hereby authorized by Council to accept applications for and Authority Conduct issue any permits or written permission from the Council. a) To remove from parklands or properties any wood, turf, grass and other vegetation, sail, rocks, sand, gravel, clew worms or any form of equipment. b) To lead or bring animals of any nature into a Village facility or property, except as provided in 13(e) of this by-law. c) To conduct public meetings, gatherings,speeches, lectures, carnivals, festivals, fireworks displays, overnight camping, large picnics, organized sporting events or other Animals on Properties such events which involve a large number of people. d) To operate or use any apparatus, mechanism device for the amplification of the human voice, music or other sound. e) To cause or create any unnecessary noise or disturbance that contravenes any Noise By-law of the Village of Port Burwell in Village parkland or properties any time between the hours of 11:00 p.m. and 8:00 a.m. To turn on or tamper with any lighting control boxes for facilities or any equipment relative to parkland properties unless otherwise authorized. g) To distribute any handbills to post, place or erect any bills, notices, advertising device or matter of any kind or parklands or properties. h) To sell., offer or expose for sale for immediate or future delivery any; • i) food, drink or refreshment; ii) goods, ware or merchandise; iii) art, skill, service or work i) To build or use a fire for any purpose without Fires receiving prior written permission from the Fire Department, the Director or the Clerk It shall also be an offence if any person or persons do not completely extinguish said fire when not in attendance. j) To carry or discharge any firearms, fire crackers, rockets, arrow, air guns, k) i) To drive or operate: 1. Any vehicle, motorized vehicle or Vehicular motorized snow vehicle within a Village park Traffic or in or on any Village parkland or properties unless the said vehicle, motorized vehicle or motorized snow vehicle is licensed for use on public highways in Ontario or unless the vehicle, motorized vehicle or motorized snow vehicle is operated in an area specifically designated for use by that type of vehicle, motorized vehicle or motorized snow vehicle. 2. Any vehicle, motorized vehicle or motorized snow vehicle on public parkland roadways and parking areas operating in excess of 25 kilometres per hour or so as to interfere with or endanger any person in said parklands. 3. Any vehicle, motorized vehicle or motorized snow vehicle within a Village park or in or on in any Village parkland or properties except upon roadways, parking areas and other areas intended for public use. ii To drive or operate vehicles such as snowmobiles, mini hikes oranyother Recreational Vehicles motorized recreational vehicles upon any parklands with the exception of areas that are posted and designated for such purposes. iii) To park or leave standing: 1. Any vehicle, motorized vehicle or Parking motorized snow vehicle on parkland property other than on areas posted or designated for parking; 2. Any vehicle, motorized vehicle or motorized snow vehicle in front of a public building, emergency exits, walkway entrances or in any way that will obstruct the normal flow of traffic on a public park roadway or parking lot. 3. Any vehicle, motorized vehicle or Parking motorized snow vehicle for more than the Limit time specified on an official sign and in any event not for a longer period than three (3) hours between the hours of 12:01 o'clock a.m. and 8:00 o'clock a.m. of the same day. 4. Any vehicle, motorized vehicle or motorized snow vehicle discovered in contravention of this subsection shall be towed away and stored at the owner's expense. 1) To carry or use a hockey stick or similar equipment on a natural or artificial ice rink designated for pleasure skating only. m) To erect barbecues in parklands. 15. The Council and organizations operating under its auspices may apply for and may he granted an annual permit which shall be deemed to cover all of its activities and programmes that may be undertaken in and on parklands and properties and shall be deemed to be written permission under this by-law for its activities where required by the by-law. 16. Every person who contravenes any of the provisions Penalty of this by-law is guilty of an offence and is liable, on summary conviction, to a penalty not exceeding One Thousand Dollars ($1,000.00) exclusive of costs for each such offence. 17. All parkland by-laws, parts of by-laws or amendments passed by the Council of the Village of Port Burwell which are inconsistent with the provisions of this by-law are hereby repealed. . This bylaw comes into force and effect on the date it receives final approval. Read a first and second time this 11th day of April, 1995. .,/ / -. . 1°.--.:41/„../1741,/ : 0. esus Ali .t . � rust rat or/Clerk-Treasure r Read a third and final ime this 28th day of April, 1995. .. 1 il,, / 'eeve 7( istrator/C1er1-Treasurer la �E of PORI 999 THE CORPORATION OF THE _ -h,' - 'J v)kiii ;4. VILLAGE OF PORT BURWELL s e f P. O. 13ox 10. Port Burwell, Ontario NO) I T T 4V =s II telephone (519) 874-4343 • fax (514)874-444$ 0:14:=1,0,Whi pORrus RERIVO Memo To: Council From: D. Free Re: Recreation Board By-Law Date: March 21, 1995 I have again been caught"red-handed"and embarrassed by extending faith in anything prior to 1993. This more specifically relates to the Recreation Board By-law. It is my understanding that the Recreation Board perceives that. By-Law 86-11 applies however, upon greater research, By-Law 87- 02 is the By-Law which governs the operations of the Port Burwell Recreation Board. Both of these by-laws are attached for your perusal. As you can see, the mandate of the Recreation Board is extremely limited and vague and to this end may be the down-fall to the operation of the Board when it comes to the review of the Nevada Licensing criteria. As previously indicated, the auditors, Redfern More have requested that a definite ruling be provided by Consumer and Commercial Relations in this matter. The lack of data and detail and the misperception of the authority of the Board within the municipality, it seems that we can in all probability expect the worst with regards to the Nevada licensing issue. I would therefore strongly recommend that the expeditious passing of the Recreation Committee By- Law be given and at the same time the Museum Committee By-Law be completed along with the ancillary data which includes constitutions accordingly for the formation of the Port Burwell Recreation Society which I have also attached. I request that die municipality and Councillors move swiftly in order that we may maintain our licence in order to fund the Centennial Park and the Market Square projects, otherwise these will be lost to the ravages of poor administrations and decision making of previous years. Time is of the es nee. iiurii.q P ree / Enols. • David R. Free, CET. AMCT(A) • Administr-torfClerk-Treasurer THE MUNICIPALITY OF VILLAGE OF PORT BURWELL r b 0 • e lc ,o3 Meeting ,19187- i:- Moved By . _ r .. _.._ That leave be granted to introduce By-law to Seconded By ._. ..- -- .-.-- F7�2. cor„,„..4- aAk,“.44.- ed----I2 • and that Bylaw presented herewith be read a first time. By-law read a .__ "" �p .. time Moved By . _,, That By-law now read a first time be read a _-__4 second time forthwith. S�ecoaded By _ -----____-. By-law read a time /Moved By Ad. I - •• - --.----._...._ / fp" + That Bq law now read a second time be read ___ a third time forthwith. By-law read a - 1- ' time V r / I / r i - Moved By A ,.`._ That By-law now read a third time do pass, be engrossed by the Clark, and signed and Seconded By .__ .�.. �____ ._......._____ sealed by the Reeve. � � if THE CORPORATION OF it THE VILLAGE OF PORT BURWELL BY-LAW # A by-law to authorize the carrying on of a program of recreation within the meaning of the Regulations under the Ministry of Culture and Recreation Act, 1975, to provide for operation, maintenance and mangement of parks and to provide for the establishment, operation, and maintenance of community Centres pursuant to the Community Centres Act and Regulations made there-under. 'HE VILLAGE OF PORT BURWELL ENACTS AS FOLLOWS: : 1) Pursuant to Regulations made under the Ministry of Culture and Recreation Act, 1975, a program of recreation is hereby established for the residents of the Municipality. (2) The said board shall consist of not less than (7) members appointed from time to time by by-law of Council and for a term stated therein, (2) two of whom shall be members of the Municipal Council. The term of the board shall run up until the 31st day of December, 1987. 3) The members shall be : 44 kew -toy)e \`-\ 165 v :4) This by-law repeals and supercedes all other by-laws which contravene the above provisions. READ A FIRST, SECOND AND THIRD TIME, FINALLY PASSED AND CARRIED THIS 44/141 DAY OF d-OrNid*WIL, 1987. r6 Fe, Ron Bradfie Reeve Elwood Varty Clerk-Treasurer • THE CORPORATION OF THE VILLAGE OF PORT BURWELL BY-LAW NO. 86-11 BEING a by-law to establish an operating account for the Port Burwell Recreation Board. WHEREAS by-law number 86-9 establishes a Recreation Board for Port Burwell the Treasurer is authorized to establish an operating account at the Canadian Imperial Bank of Commerce in { Port Burwell with the following conditions; 1. All cheques are to be signed by the Treasurer of the Corporation of the Village of Port Burwell and a second person appointed by the Recreation Board. 2. All funds of this account are to be kept separate from all other Village funds. 3. The treasurer is authorized from time to time if surpluses are present in this account to purchase short term guarenteed investment Certificate from the Bank of Commerce and to deposit the earned interest into this account for the benefit of the Port Burwell Recreation Board. READ A FIRST TIME d44 I READ A SECOND TIME S .13 ( 9'37 ° "--"t READ A THIRD TIME AND FINALLY PASSED AND CARRIED THIS 23 44./ J T 'La••t �Ifi {r —my OF - E=7 yee,--e'ice74 Reeve Ron Bradfield Village of Port Burwell "wood Varty • THE CORPORATION OF THE VILLAGE OF PORT BURWELL BY-LAW NO. wC1 A by-law to authorize the carrying on of a program of Recreation within the meaning of the Regulations under the Ministry of Culture and Recreation Act, 1975, to provide for the establishment, operation and maintenance of Community Centres pursuant to the Community Centres Act, and the Regulations made there- under. WHEREAS pursuant to the Ministry of Culture and Recreation Act, 1975, the Municipal Act and the Community Centres Act the Council is authorized to pass by-laws to provide for the establishment, operation and maintenance of Community Centres: AND WHEREAS council deems it expedient to so provide. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE VILLAGE OF PORT BURWELL ENACTS AS FOLLOWS; 1. a) Pursuant to Regulations made under the Ministry of Culture and Recreation Act, 1975, a Program of Recreation is hereby established for the residents of the Municipality. b) Pursuant to the Community Centres Act and the regulations made thereunder, a Community Centre (or Centres) is hereby established for the residents of the Municipality. c) The said Program of R creation and he said Community Centre (or Centres) shall be directed, managed, and controlled on behalf of the Council of the Corporation by a Board know as the Port Burwell Recreation Board, herein referred to as the "Board". 2. The said Boa,id shall consist of not less than 7 members appointed from time to time by council and for a term stated therein, and the appointments shall be consistent with the Community Centre Act. 3. Subject to the approval of Council the said Board shall formulate Policies, rules and regulations for and relating to the Administration of Community Programs of Recreation. a) the said Board shall conduct and ,apervise organized public recreation activities and is authorized to provide and establish, operate, conduct, and maintain a supervised recreation system and to operate, improve and maintain property both real and ,Rersonal for playgrounds, recreation centres and other recreational facilities and activities. 4. The said Board shall operate, maintain, manage and develop on behalf of the said Corporation all recreational centres, playgrounds and other real property of a like nature vested in or leased by the Corporation and used or designed for recreational purposes and shall be in charge of, manage and make available for recreational purposes all personal property belonging to the M -2- said 2-said Corporation and used or designed for recreational purposes. 5. The said Board shall hold regular monthly meetings. At any meeting of the said Board a quorum shall consist of a minimum of five members, one of which must be a member of Council. 7. The said Board shall elect a Chairman annually from amoung its members and such other officers as may be required. 8. The said Board shall submit to Council an annual report of its activities and such other reports as may be required from time to time. 9. When advisable, the said Board may appoint committees and authorize such committees to establish and operate area community programs of recreation, and the Board shall provide such services as it deems necessary to assist these committees in carrying on their activities. 10. The said Committee shall be composed of any number of members that. the Board may from time to time determine and may be dissolved at any time by the said Board. 11. On or before the first day of February in each year the said Board shall submit and interpret to Council of the said Corporation a detailed estimate of its budget requirements for the then current year. All books and accounts of the said Board shall be kept by the Treasurer of the Corporation and a treasurer appointed by the Board. 12. No debt or obligation shall be incurred by the said Board and no payments shall be made by or on behalf of the said Board unless duly authorized by Resolution of Council. 13. The said Board may incur expenses to the extent provided in the annual report and hog* approved by the Council of the Corporation all of which expenditures shall be submitted to Council for approval and payment thereby. A4. The said. Board may prescribe fees for participating in or admittance to any part of the community program of recreation or facilities used. 15. The said Board may solicit or receive gifts or bequests of money and services on behalf of the Village, to be applied in furtherance of the community program of recreation. l. - -3- 16. The said Board may recommend to the Municipal Council the appointment of a properly trained and qualified Municipal Recreation Director shall be responsible to Council of the Corporation of the Village of Port Burwell throught the said Board. 17. The duties and responsibilities of the Director shall be set forth from time to time by the Council of the Corporation. 18. In carrying out the provisions of this by-law, the said Board shall at all times be the agent of the Municipal Corporation and while acting bona fide within the limits of the authority of this by-law, neither the Board nor any member thereof shall incur any liability by the reason of anything done or left undone by the Board; provided however, that nothing in this paragraph contained shall authorize or empower the board to incur any debt, liability or obligation for which the Municipal Corporation shall become liable without having previously obtained the consent of the Council of the Corporation. 19. This by-law to come into effect on Wednesday, June 25, 1986 at 10:00 A.M. and repeals and resinds all previous by-laws dealing with establishing a recreation committee or Board. THIS By-law shall come into full force and effect upon the final passing thereof. READ A FIRST TIMEji.,_,,_ `�// /� f; READ A SECOND TIME READ A THIRD TIME AND FINALLY PASSED THIS .2-3 DAY OF ...a i s .,e"e•.---te-elLifil Reeve Ron Bradfield Village of Port Burwe 1f. ..ar..i Cl; k • ! Elwood PO PORT Br0q� THE CORPORATION OF THE ti ' VILLAGE OF PORT BURWELL a i~ P. O. Box 10, Port Burwell,Ontario NOJ ITO telephone (519) 874.4343 • fax (519)874-4948 11"1110 0 11111. ANA •.7 1 +•1011,041 Memo PORFUS REFUG30 Date: March 13, 1995 To: Council From: D. Free Re: Bylaw 95-14 Council: As part of the Municipal restructuring the attached Recreation Committee Bylaw 95-14 was developed and presented to the Recreation Board in February 1995 for review and comment. To date I have not received any comments regarding any of the details therein. I would request that council review the contents along with previous memos, organization charts etc. in order to consider the effects of the bylaw and to provide further direction to the Recreation Board. Needless to say the Museum Board Bylaw 95-15 is hot on the heels of the release of this bylaw and I would suggest that the passing of both bylaws occur simultaneously. As a matter of further interest the municipality has had to bridge finance the operations of the Recreation Board to any amount of $1,000.00. Notwithstanding the Museum Board has also recently depleted their operating account and there are currently a number of fixed costs to pay (utilities). The new municipal structure removes "financial gyrations" required to provide operating support both entities (excluding the baseball activities). Please review the attached at your earliest convenience providing your comments and further direction in the matter. I pa .• 'ree Enols. David R. Free, CET, AMCT(A) + Administrator/Clerk-Treasurer The Corporation of the Village of Port Burwell PO Box 10 21 Pitt Street Port Burwell ON NOJ 1TO BY-LAW 95-15 Being a by-law to amend Bylaw 93-08 a bylaw to permit the lease of certain lands from 345990 Ontario Limited, to permit for amendments to certain terms and conditions, and to authorize the Reeve and the Administrator/Clerk-Treasurer to sign an "Amending Letter" as an article of agreement to the Lease. WHEREAS the Municipal Act, RSO 1990, c. M. 45 s. 207 as amended grants the authority to Municipal Councils to pass bylaws, and; AND WHEREAS the Council of the Village of Port Burwell passed bylaw 93-08 authorizing the lease of lands along the east and west banks of the Otter Creek as described within the bylaw in accordance to the schedules formed as part of the bylaw, and; AND WHEREAS the Council of the Village of Port Burwell deems it necessary to amend the terms of the lease with 345990 Ontario Limited to permit for certain terms and conditions stated in the letter dated March 9, 1995 from Jack Spence of 345990 Ontario Limited. The Council of the Village of Port Burwell hereby consents to amend Clause 3 of Schedule "A" of bylaws 93-08 in accordance to the Amending Letter of mutual consent forming schedule"A" to this bylaw from 345990 Ontario Limited and directs the Reeve and the Administrator/Clerk-Treasurer to signing the said letter. Page 1/2 Read a first • . :econd time this 14th day o4 March, 1995. ai / 1AAA R-- .,4114 ..+ ` rator/Clerk-Treasurer Read a third and final t' this day of March, 1995. 1 R. .4111 Ad rator/Clerk-Treasurer Page 212 G��� PORte THE CORPORATION OF THE �Pf ��`�szipwievillik VILLAGE OF PORT BURWELL P. O. Box 10, Port Burwell,Ontario NO) ITO N....0.W telephone (5 19)874-4343 • fax (S I9)874-4948 46.0 1�i $moi 4 FOR TUS UGOsk March 15, 1995 345990 Ontario Limited 2 St. Clair Ave, Suite 1000 Toronto ON M4V 1L5 Attention: Mr.Jack Spence Dear Mr. Spence Re: Your letter dated March 9, 1995 As per your request in the above stated letter please find enclosed the signed letter as well as a certified copy of our By-Law 95-15. 1 trust that you will find the attached in order and if you should have any further questions please feel free to call. Yours truly 1 vi. ': ree CET, AMCT(A) l ) Ad.• ..strator/Clerlr-Treasurer Encls. David R. Free. CET. AMCT(A) • Administrator/Clerk-Treasurer 345990 ONTARIO LIMITED 2 St. Clair Avenue West Suite 1000 T ontos Canada M4V ILS td: (416) 967-6706 fav (416) 967-9483 March 9, 1995 By fax to 519) 874-4343 Followed by mail The Corporation of the Village of Port Burwell P.O. Box 10 Port Burwell, Ontario NOJ 1TO Attention: Mr. David R. Free, CEI', AMCT(A) Clerk Treasurer Dear David: Re: Lease of West Bank Lando Clause 3 of Schedule A of our Lease dated the 1st day of June, 1993 on the above property is a provision whereby the Lease may be terminated on thirty days written notice by either party. As we discussed at our meeting of March 8th, 1995, this letter is to confirm that we, the Lessor, will not exercise this right at any time during the calendar year 1995. As this is a mutual cancellation clause, we would ask that you also accept the same terms by signing and returning a copy of this letter. Yours truly, 345990 ONTARIO LIMITED I fit 't fily i Jack Spence Vice President Construction and Leasing J BSlcs The Corporation of the Village of Port Burwell also agrees that it will not exercise its cancellation provisions during the calendar year 1995. Agreed and accepted For the ration th V .ge of Port Burwell Date: L ,rr,,�r . gf per: fie.... 1.rOre per: Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell ON NOJ 1TO BY-LAW 95-16 A by-Law for Prohibiting and Regulating the Erection of Signs and Other Advertising Devices WHEREAS Section 210, paragraphs 145, 146, 147, 148, 148 of The Municipal Act, Chapter M-45, R.S.O., 1990, as amended, provides that the Council of a Municipality may pass by-laws for the prohibiting or regulating the erection of signs and other advertising devices and the posting of notices on building or vacant lots within any defined area or on land abutting on any defined highway or part of a highway; AND WHEREAS The Municipal Act provides that where a Council has authority to direct or require by by-law, or otherwise, that any matter or thing be done, the Council may, by the same or by another by-law, direct that, if in default of its being done by the person directed or required to do it, such matter or thing shall be done at his expense, and the Corporation may recover the expense incurred in doing it, by action or the same may be recovered in like manner as municipal taxes. AND WHEREAS the Council of the Corporation of the Village of Port Burwell deems it necessary to pass a by-law to regulate the use of signs and advertising devices in the Village of Port Burwell with a view to ensuring the safety of the public in respect to the erection and maintenance of such signs; Now therefore the council of the Corporation of the Village of Port Burwell enacts as follows: 1.0 Title and scope 1.1 Short Title 1.1.1 This By-law may be cited as the "Sign By-law". 1.2 Scope 1.2.1 The provisions of this by-law shall regulate the erection, location, construction, alteration, repair and maintenance of all outdoor signs and other advertising devices on land abutting any highway or part of i highway within the limits of 1 the Corporation of the Municipality of Village of Port Burwell. 2.0 Definitions The following definitions shall apply for the purposes of this By-law unless the context otherwise provides: 2.1 Area of a Sign - means the number of square metres on the surface of the sign including the border and frame. The area of a multiple faced sign shall be 50% of the sum of the area of all the faces. 2.2 Awning -Mean a temporary shelter or roof-like projection consisting entirely of non-rigid materials such as cloth of canvas, except for supporting framework. An awning must be retractable. 2.3 Abandoned Sign -Means a sign which no longer correctly directs or advertises a bona-fide business, lessor, owner, product or activity conducted, or product produced on the premise upon which the sign is displayed. 2.4 Advertising Device - Mean any fancifully and professionally designed device, commercially produced object or any means of identification visible from any public street creating a design and intended to be erected or located or affixed on any land, building or structures which directs attention to any land, building or structure and includes flags, banners, pennants, lights or any object intended for advertising purposes. For the purposes of this by-law, an advertising device shall mean a sign. 2.5 Alteration - Means any change to a sign structure or sign face including the addition, deletion or re-arrangement of parts, excepting the changing of the message displayed by the sign, or the replacement of identical parts for maintenance purposes. 2.6 Awning Sign - Mean a non-illuminating identification sign painted to or affixed flat to the surface of an awning which does not extend vertically or horizontally beyond the limits of such awning. 2.7 Banner Sign - means a sign produced on cloth, paper, fabric or other combustible material of any kind with or without frames. 2.8 Billboard Sign-means a sign erected for the purpose of displaying advertising 2 posters which are renewed from time to time. 2.9 Building - means any structure or edifice use or intended to be used for the storage goods, chattels or people. 2.10 Building Face- means the external wall of a building elevation in one plane or elevation. 2.11 Business sign - means a sign erected and maintained by a person, firm, corporation, business, commercial service or industrial enterprise upon which space is displayed the name of the business and/or a description of the product or service made, produced, assembled, sold or stored in the premises upon which the sign is erected. 2.12 Chief Building official - means the person so appointed by Council pursuant to the provisions of the Building Code Act. 2.13 Construction sign - means a sign identifying a proposed development or a construction project where work is in progress. 2.14 Council - means Council of the Corporation of the Village of Port Burwell 2.15 Curb - means the edge of the travelled portion of the highway. 2.16 Display Surface - means the surface made available by the structure, either for direct mounting of letters and decorations or for the mounting of facing material intended to carry the entire advertising message. 2.17 Election Sign - means a sign indicating support of a candidate or a recognized political party in a municipal, regional, provincial or federal election. 2.18 Electronic Sign - means an illuminated, remotely controlled changeable display sign excluding signs which only display time and/or temperature. 2.19 Erect - means anything done in the installation, placement, maintenance, repair or alteration of any sign. 2.20 Erector- means anyone who does anything or permits anything to be done or causes anything to be done in the erection, maintenance, repair, installation or placement of any sign. 3 2.21 Face - means the surface of the sign upon, against or through which the message of the sign is exhibited. 2.22 Flashing Sign -means a luminous or illuminated sign, fixed or rotating upon which the source of artificial light is not stationary or the intensity or colour is not constant, but does not include signs indicating time and/or temperature nor does it include electronic signs. 2.23 Frontage-means the width of a lot between the side lot lines measured at the street line. Where more than one property line abuts the street line each property line shall be considered separately for the purposes of determining frontage. 2.24 Grade --means when used in reference to a sign the average elevation of the finished surface of the ground where it meets the supports of the sign or the building upon which it is erected, exclusive of any artificial embankment. 2.25 Ground Sign - means a sign 3 metres or less in height directly supported from the ground without the aid of any other building or structures other than the sign structure. 2.26 Height of Sign - means the actual distance from the grade to the highest point of the sign. 2.27 Highway - includes a common and public highway, street, avenue, roadway, road allowance, lane, driveway, parkway square, place, bridge, subway, viaduct, trestle or by-pass designed or intended for the use of the general public for the passage of vehicles and pedestrians. 2.28 Home Occupation - means a use as defined pursuant to the terms of the Zoning By-law, as amended, by the Municipality. 2.29 Home Industry-means a use as defined pursuant to the terms of the Zoning By-law, as amended, by the Municipality. 2.30 Illuminating Device-means any device employing artificial lighting intended to draw attention to a sign whether designed to function internally or externally in reference to a sign. 2.31 Institutional Sign - means any sign pertaining to government departments and agencies, hospitals, churches, schools, service clubs and similar 4 organizations. 2.32 Lot - means any parcel of land, held in separate and distinct ownership from adjoining parcels of land, whether such parcel is described in a registered deed, or shown as a lot or block on a registered plan of subdivision on which a sign is located or intended to be located. 2.33 Multiple Faced Sign means a sign having two or more faces. 2.34 Over-Hanging Signs - Means a sign which projects from a wall of a premise and which is either single or double faced, with the sign face or faces approximately perpendicular to the plane of such wall. 2.35 Owner - includes: (a) owner of a sign (b) owner of the real property on which the sign is located, or, (c) the person, for the time being, managing or receiving the rent of (i) the sign, or (ii) the real property on which the sign is located. 2.36 Person - means and includes a real or corporate person. 2.37 Point of Sale Sign - means a sign erected and maintained upon which there is displayed advertising copy, describing products or services or services which are made, produced, assembled, sold, stored or available from the lot upon which the sign is erected. 2.38 Pole Sign - means a sign greater than 3 metres in height directly supported from the ground without the aid of any other building or structure other than the sign structure. 2.39 Portable Ground Sign - means a type of ground sign situated on the ground but not permanently affixed thereto and without restricting the generality of the foregoing, be deemed to include signs that may be moved from place to place. 2.40 Produce Sign - means a sign not exceeding 2.25 square metres in area and advertising seasonal locally grown produce for sale. 2.41 Projecting Sign means a type of sign so constructed and so erected as to be 5 attached at one end to a building and projecting outwardly there from. 2.42 Property Line - means any boundary that divides a lot from another lot or road allowance or highway. 2.43 Real Estate Sign -means a sign that advertises property or premises for sale, lease or rent. 2.44 Residential Property means property zoned "Residential" in accordance with the relevant Zoning By-law for the Municipality. 2.45 Road Allowance - means that portion of land allowed for road or highways established by any statute, act, by-law or plan. 2.46 Roof Sign - means a sign which is erected, constructed or supported on or above a roof of a building. 2.47 'Rural'Zone -means property zoned 'Rural' pursuant to the relevant zoning by-law for the Municipality. 2.48 Sidewalk - means that portion of a highway between the curb and property line designed and constructed primarily to facilitate the movement of pedestrians. 2.49 Sight angle - means the triangular space formed by two intersecting street lines and a line drawn from a point in one street line to a point in the other street line, each such point being 10 metres measured along the street line from the point of intersection of the street lines. 2.50 Sign means any device displaying any letter, picture, stroke, stripe, line, trademark, reading matter, or illuminating device constructed, attached, erected, fastened or manufactured in any manner whatsoever, so that the same shall be used for the attraction of the public to any place, subject, person, firm, corporation, public performance, article, machine or merchandise whatsoever and displayed in any manner whatsoever. 2.51 Structure - when used in reference to a sign means the supports, uprights, bracing and framework of a sign. • 2.52 Street Line-means the boundary line that divides a lot from a road allowance or highway. 6 2.53 Special Event Sign - Means temporary street decorations, banners, paper signs, cloth signs, poster, handbills or any other temporary advertising devise installed for various civic celebrations and/or other festivals and/or events. 2.54 Temporary Directional sign - means a sign erected to advertise the location of a recently established business. Such business having been operational for a period not exceeding six months. 2.55 Municipality-means the Corporation of the Municipality of Village of Port Burwell. 2.56 Traffic Sign - means a sign, marking or device carefully placed for the purpose of regulating or prohibiting traffic. 2.57 Visual obstruction - means a sign which when so erected impairs the view of the public as may be determined by the Public Works Department for the Municipality. 2.58 Wall Sign - means a sign which is attached directly to the building wall or that part of a building wall that has the sign displayed directly on the wall. 2.59 Zoning By-law - means any by-law regulating the use of lands and the character, location and use of buildings and structures in the Municipality and passed pursuant to the Planning Act. 3.0 Administration 3.1 No person shall erect, place, maintain, repair, alter, cause or permit to be erected, placed, maintained, repaired or altered any sign without first having obtained a permit except as may be provided in Section 3.6. 3.2 Neither the granting of a permit nor the approval of the drawings and specifications, nor inspection made by an inspector during the erection of a sign shall, in any way, relieve the owner of such sign or the owner of the property on which the sign is located, from full responsibility for carrying out the work in accordance with the provisions of this by-law. 3.3 The Chief Building Official shall review all applications, plans and specifications submitted for sign permits and if in conformity with the provisions of this By-law and all other applicable law, shall certify the plans and issue the sign permit. • 7 3.4 Variances 3.4.1 Where a person can not comply with the provisions of this by-law application may be made to the Council of the Village of Port Burwell for a variance to the provisions of the by-law. 3.4.2 Application to Council for a variance shall clearly set out why the provisions of the by-law can not be met and shall be accompanied by the appropriate fee for a variance as detailed in Schedule'A' attached hereto prior to Council hearing the application for variance. The fee is non refundable. 3.4.3 Council may, upon the application for a variance from the provisions of this by-law, authorize such minor variances provided in the opinion of Council the general intent and purpose of the bylaw are maintained. 3.5 Sian Applications 3.5.1 Every application for a sign shall be submitted to the Chief Building Official on a prescribed form provided for that purpose and shall be accompanied by: (a) a plot plan showing the property lines of the lot on which the sign is proposed to be located, the location of the sign in relation to the lot lines and to all other structures located on such lot. (b) . the Chief Building Official may require the correctness of such plans so submitted to be certified by an Ontario Land Surveyor. (c) complete plans and specifications of the proposed sign sufficient in detail to include information with regard to materials used; message; lighting; colours; dimensions of the sign area; sign face; and supporting members; the maximum height, clearance and projection; and all relevant structural information to allow the Chief Building Official to determine if the proposed sign complies with the provision of the by-law and any other applicable laws. (d) the Chief Building Official may require such additional information as may be required to determine if the structure or building will cany the additional loads or stress imposed by the erection of the sign. (e) the required sign permit application fee as set out in Schedule 'A' attached hereto. 3.6 Permit Exemptions 3.6.1 Notwithstanding the provisions of the by-law and unless otherwise required herein, no permit shall be required for the following signs: (a) a produce sign as defined in this by-law provided there is only one such sign per frontage, (b) an election sign, (c) an institutional sign, (d) a sign not exceeding 0.2 square metres in area identifying the ownership of a property in a Residential or Rural Zone, (e) a real estate sign not exceeding 0.6 square metres in area identifying a property for rent, sale or lease, (f) a sign erected inside a building or structure, (g) the changing or repair of any non- structural part of an existing legally erected sign or an approved , sign for which a permit was issued, that is designed for such change or the repainting or reporting of the advertising message on the display surface of such sign, 9 (h) a sign not exceeding 0.2 square metres displaying a prohibited use, (i) a sign incorporated onto a drop awning, (j) a portable ground sign located in conformance with the requirements of Section 5.3 of this By-law, (k) bed and breakfast signs erected in accordance with any licensing provision established from time to time by the Municipality to regulate such uses, (1) a construction sign complying with Section 6.3. 3.7 No person shall erect or cause to be erected a sign except in accordance with the certified plans, specifications or other information on the basis of which a permit was issued or any changes authorized by the Chief Building Official. 3.8 The Chief Building Official may cancel an application for a sign permit which is still incomplete after six months of the date of filing the application and such application, in the opinion of the Chief Building Official, is not being seriously pursued. 3.9 The Chief Building Official may revoke a sign permit: (a) where it has been issued on mistaken or false information, (b) where, after six months of issuance, work has not been fully completed in the opinion of the Chief Building Official, (c) where work is substantially suspended or discontinued Lc a period of more than one year, (d) where a sign is removed save and except seasonally erected signs. 3.10 In the event of the Chief Building Official or an Inspector or officer acting on behalf of the Chief Building Official, refuses to issue a permit or 10 revokes a permit, the owner or applicant may appeal such decision to Council. Such appeal must be undertaken within thirty (30) days of such refusal or revocation. 3.11 Permit Application Fee Refunds (a) Where an application for a sign permit is made and no permit is issued or where a permit is issued and the sign is not erected, upon written request of the applicant, the Chief Building Official may refund 50% of the permit application fee. (b) No refund shall be made of less than $10.00, (c) When an application is filed and no permit issued no fees will be refunded after six (6) months after the date of the filing of the application, and where a sign permit is issued and the sign is not erected no refund shall be made after twelve (12) months of the date of issuance of the permit. 3.12 Inspection (a) Every sign for which a permit is required, shall be subject to inspection. The owner or his designate shall notify the Chief Building Official when the sign is completed and ready for inspection. (b) An Inspector may for the purpose of inspecting a sign or site in respect of which a permit is issued or an application is made enter in or upon any land or premises at any time without a warrant (c) An Inspector may for the purpose of determining if a sign is safe and/or complies with the requirements of this by-law require the owner to produce documentation for the Inspector's review to assist in the determination of the signs safety and/or compliance. 3.13 Maintenance and Removal of Signs 3.13.1 Removal of Abandoned Signs - When a sign no longer correctly advertises a bona fide business, lessor, owner, product of activity conducted or product available, on the premises where such as a sign is displayed, the owner shall remove the sign within thirty (30) days 11 from the date of receipt of notice a such removal from the Chief Building Official. 3.13.2 Removal of Dangerous Signs - If, in the opinion of the Chief Building Official, any sign is in such condition as to constitute a physical hazard to public safety the Chief Building Official may give notice in writing to the owner of such sign to remove the same within twenty four(24)hours. It shall he the duty of such owner to remove such sign in accordance with the said notice. If the owner of the sign cannot he located, or if he refuses to comply with the order the Chief Building Official may have the offending sign removed. 3.13.3 If any sign is in an unsafe or defective condition the Chief Building Official may give written notice to the owner of such sign to repair or remove said sign within a period of forty eight (48) hours. It shall be the duty of such owner to repair or remove such sign in accordance with the said notice. If the notice is not adhered to or if the owner of the sign cannot be located, the Chief Building Official may have the offending sign removed. 3.13.4 Cost of Maintenance or Removal - The cost of such repair, removal, transportation and storage of such sign shall be a debt due and recoverable from the owner or where appropriate the tenant and in the case of non-payment such shall be recoverable in the same manner as municipal taxes. 3.13.5 Where a sign has been legally erected and located in accordance with a predecessor sign by-law this by-law shall not be construed to require such sign to be brought into conformity with the provisions of this by- law and may be altered, or repaired subject to complying with all other applicable provisions of this by-law. 3.14 Enforcement The Chief Building Official or his agent is authorized to pull down or remove, at the expense of the owner, any sign that is erected or displayed in contravention of the by-law and may require any person who: (1) has caused a sign or other advertising device to be erected, displayed, altered or repaired without first having obtained a permit to do so; or 12 (ii) having obtained a permit has caused a sign or other advertising device to be erected, displayed, altered or repaired contrary to the certified plans in respect of which permit was issued, to make such sign or other advertising device comply with the provisions of this by-law if it does not so comply, or to remove such sign or advertising device within such period of time as the Chief Building official specifies. 3.15 Where the Chief Building Official or his agent finds there is a significant risk of damage to persons or property from a sign, he may notify the owner to remove the sign or place the sign in a proper state of repair within 48 hours. 3.16 Where the Chief Building Official or his agent finds that any provision of this By-law is being contravened, he may notify the owner in writing directing compliance with such provisions forthwith or within such time as shall he specified in the notice. 3.17 Where the owner fails to comply with a notice issued, pursuant to Section 3.16, the Chief Building Official may cause such sign to be removed or the contravention corrected at the expense of the owner and the Municipality may recover the expense incurred by action or in the same way be recovered in like manner as municipal taxes. 3.18 When a-sign ceases to comply with the requirements of this by-law as a result of a road widening the Chief Building Official may require the removal of the subject sign at the owners expense within thirty (30) days of notification. 3.19 The provisions of this by-law shall not be construed as relieving or limiting the responsibility or liability of any person erecting or owning any sign or display for personal injury or property damage resulting from the placing of such sign or resulting from the negligence or wilful acts of such person, his agents or employees, in the construction, erection, maintenance, repair or removal of any sign erected in accordance with a permit issued hereunder. Nor can it be construed as imposing upon the municipality of its officers or employees any responsibility by reason of the approval of any signs, materials or devices under the provisions of the by-law. 4.0 General Provisions 4.1Every sign shall be designed, constructed and erected in conformity with the provisions of this by-law and the Ontario Building Code. 13 4.2 Where a sign is required to be designed by a Professional Engineer or Architect the Chief Building official may require that the sign and its supporting structure be certified by the Engineer or Architect as being erected in compliance with the design drawings and specifications. 4.3 Where this by-law prescribes minimum set-back provisions such set-backs shall be the shortest horizontal distance from any part of the sign or its supporting structure to the nearest property line. 4.4 Every sign utilizing electricity shall be subject to the requirements of the authority having jurisdiction with respect to the supply of electricity. 4.5 Notwithstanding any other provision of this by-law, no person shall: (a) erect or maintain any sign including signs displayed within a building, spotlights, floodlights, or any other special illumination or on a building or structure or portion thereof, in such a location or with materials, lights or colours, so as to interfere with the proper operation and visibility of any traffic signal light or traffic sign which is now or may hereafter be erected for the control or guidance of traffic and pedestrian upon the highways and/or streets of the Municipality, (b) erect or maintain any sign where, it would adversely interfere with the line of vision of pedestrian or vehicular traffic, (c) erect or maintain a sign located as to obstruct openings required for light and ventilation, any required means of egress or required access for fire fighting in accordance with the Ontario Fire Code or Ontario Building Code. 4.6 No sign shall be erected where the top of such sign will exceed a height of 10 metres above grade. 4.7 Where the provision of one portion of the By-law conflicts with any other provision of this By-law the most restrictive requirement shall be used to establish the minimum requirement. 5.0 Classification By Structural Type 5.1 General 14 All signs shall comply with the general provisions of the by-law as well as all specific requirements of the by-law which may be applicable to its particular use as determined in Section 6 and its location within the Heritage District as applicable pursuant to Section 8 of this By-law. 5.2 Ground Signs 5.2.1 Ground signs shall not exceed 3 metres in height. 5.2.2 No portion of a ground sign shall be erected closer than 1 metre to a property line. 5.2.3 A ground sign shall not be located in a sight triangle as defined in this by-law. 5.2.4 Except as provided in 5.2.5 not more than one ground sign shall be permitted for each business to a maximum of three ground signs per frontage. 5.2.5 Where the traffic speed limit applicable to the highway adjacent to a lot exceeds 70 kilometres per hour and the lot has a minimum frontage of exceeding 150 metres then a maximum of three ground signs may be erected. 5.2.6 Ground signs shall not exceed 3 square metres in area. 5.3 Portable Ground Signs 5.3.1 Unless otherwise prohibited in this By-law portable ground signs may be erected without a permit provided: (a) "Sandwich Board"signs shall have dimensions not greater than 0.60m(6se)x 0.90m in total area and shall not block pedestrian traffic. (b) Portable ground signs shall maintain a minimum set-back of 1.0 metres from any property boundary, (c) Portable ground signs shall not be located in a sight triangle as herein defined, 15 (d) No portion of a portable ground sign including directional arrows shall be flashing, (e) Portable ground signs shall not be permitted without written permission by council in any Residential or Rural Zones or the Heritage District as applicable as herein defined except in association with an existing legal non- conforming commercial or industrial use and in compliance with the conditions as herein defined. (f) portable ground signs shall not exceed 3 square metres in area. 5.4 Signs 5.4.1 Pole signs shall be greater than 3 metres in height but not greater than 10 metres. 5.4.2 Pole signs shall not exceed 12.0 square metres in area. 5.4.3 Pole signs shall be designed by a Professional Engineer or Architect and shall be erected under the supervision of such Professional Engineer or Architect and shall be certified by such Professional Engineer or Architect as having been erected in accordance with the design drawings and specifications. 5.4.4 The number of pole signs on any one lot shall not exceed one (1) sign for each street frontage. 5.4.5 Pole signs are not permitted in any Residential or Rural Zones or the Heritage District as herein defined. 5.4.6 Pole signs shall not be located closer than 2 metres to any property line and in the case where the property abuts a Residential Zone the pole sign shall not be erected closer than 5 metres to the Residential Zone. • 16 5.5 Roof Signs 5.5.1 Roof signs shall not exceed 10 metres in height as measured from grade. 5.5.2 Roof signs shall not exceed 10 square metres in area. 5.5.3 If required by the Chief Building Official roof signs shall be designed by a Professional Engineer or Architect to ensure the safety of the design as well as the Building on which it is intended to be erected. 5.5.4 lie maximum number of roof signs shall not exceed one (1) per building. 5.6 Wall Signs 5.6.1 The total area of all wall signs shall not exceed 10% of the area of a building face. 5.6.2 Wall signs shall not project more than 400 millimetres from a building face. 5.6.3 Wall signs shall not extend above the cave of the building face. 5.7 Projecting Signs 5.7.1 Projecting signs shall not project more than 2 metres from the face of the building wall. 5.7.2 A projecting sign shall not extend over a street or highway and shall not extend closer than .6 metres to a property line. 5.7.3 Projecting signs are not permitted in any Residential or Rural Zones. 5.7.4 Projecting signs shall not exceed 10 square metres in total area. 5.7.5 Where required by the Chief Building Official projecting signs shall be designed by a Professional Engineer or Architect. • 17 6.0 Classification by Use 6.1 General 6.1.1 All signs must comply with the general provisions of the by- law as well as the specific provisions for its structural type as determined in Section 5 and its location within the Heritage District as applicable pursuant to Section 8 of this By-law. 6.2 Point of Sale Signs 6.2.1 Unless otherwise specifically permitted herein signs shall be located only on the lot to which the sign applies and shall only advertise a use, service or product available from the lot on which the sign is located. 6.2.2 Section 6.2.1 does not apply to an institutional sign or an election sign. 6.2.3 Section 6.2.1 shall not apply to prohibit the erection of one industrial directory sign per plan of subdivision or similar lands intended primarily for multiple industrial occupancies. An industrial directory sign is a sign erected to identify the name and address of more than one industrial use and the uses are not necessarily on the lands on which the sign is located. Such sign shall still comply with the requirements applicable to its construction type and is subject to reinspection and renewal every five years after the initial permit is issued. 6.3 Home Occupation f? Home Industry Signs 6.3.1 A home occupation sign shall not exceed 0.2 square metres in area and shall not exceed 1.5 metres in height and shall comply with either the requirements of Section 5.2 for a ground sign or Section 5.6 as may be applicable to the structural type. There shall be only one such home occupation sign per lot. 6.3.2 A home occupation sign shall not be illuminated. 18 6.3.3 A home industry sign shall not exceed 2 metres in height and 3 square metres in area and shall he limited to one sign per property and shall comply with either Sections 5.2 or 5.6 as applicable to the structural type. 6.3.4 A home industry sign shall not be illuminated. 6.4 Construction Sign 6.4.1 Construction signs may be erected on a project site or within an active plan of subdivision provided they comply with the following: (a) shall not exceed 5 metres in height and shall not exceed 12 square metres in area, (b) shall remain in place for only that period of tune the project is active, and (c) shall comply with all applicable general requirements as provided for in the by- law. 6.5 Election Sign 6.5.1 Election signs shall comply with all the provisions of this by- law except they may be located on all Town owned road allowances. 6.6 Institutional Signs 6.6.1 Institutional signs shall not exceed 1.5 square metres in area. 6.6.2 Institutional signs shall not be located on any property other than the property to which the sign applies except that Council may grant permission to specific signs for specific events and times. 6.7 Real Estate Signs 19 6.7.1 Real Estate signs larger than 0.6 square metres in area are subject to all requirements of this bylaw as may be applicable to the structural type of sign erected. 6.7.2 Real Estate signs shall be removed within 10 days of the closing date and transfer of the property's ownership. 6.8 Temporary Directional Sign A temporary directional sign may he erected in accordance with the following provisions: (a) a temporary directional sign shall comply with the requirements of a ground sign as defined herein and shall not exceed 2.2 square metres, (b) a maximum of two temporary directional signs are permitted for each business with a maximum of one sign per street, (c) temporary directional signs may be erected for a maximum period of one year from the date of permit issuance and such one year period may be extended for a maximum of one additional year provided all the applicable terms of this by-law are met, (d) temporary directional signs are restricted to lots abutting to Provincial and County roadways. 7.0 Prohibited Signs 7.1.1 The following signs are prohibited from being erected within the jurisdiction of the Village of Port Burwell (a) flashing signs, (b) revolving signs or beacons, • (c) signs which are not conventionally supported by structural apparatus but float above the ground and are tethered to the ground • 20 (d) signs which by their pictures, words or drawings are indecent or may tend to corrupt or demoralize (e) no sign shall be erected on any utility pole, traffic marker, tree, shrub or hedge. (1) portable ground signs and pole signs are not permitted in the Heritage District as applicable as described in Section 8.1.1. (g) billboard signs. 8.0 Heritage Area Signs 8.1.1 In addition to the requirements of Sections 4, 5, 6€r 7 of this By- law additional requirements shall apply to signs erected on lands abutting roadways or streets located within the Heritage District as established by By-law passed pursuant to the Ontario Heritage Act. 8.1.2 RESERVED 8.1.3 Wall signs shall be located a minimum of 2.4 metres above the first floor level and shall not obstruct the buildings architectural features. 8.1.4 RESERVED 8.1.5 RESERVED 8.1.6 Signs in the Heritage District shall not be internally illuminated. 9.0 Penalties 9.1 Any person who contravenes any provision of this By-law is guilty of an offense, and, upon conviction thereof, shall be liable to a fine of not less than $50.00 and not more than $2,000.00 exclusive of costs, for each offence, and the provisions of The Provincial Offenses Act, shall apply to all such penalties. 10.0 Effect on Existing Bylaws 10.1 Any and all previously by-laws not consistent with this bylaw are hereby 21 repealed. 10.2 This by-law shall come into force and take effect immediately upon final passage thereof. Read a first and second t' t 11th day of April, 1995. VA,40/ e trator/Clerk-Treasurer Read a third a • -al time thi 23th day . May, 1995. � J /1' Reeve Adm istrator/Clerk-Treasurer • 22 SCHEDULE 'A' Fee Schedule Sign Permit Application Fee $25.00 Variance Application Fee $75.00 23 • QF PORT 9G.rt, _ THE CORPORATION OF THE P`', � VILLAGE OF PORT BURWELL r P.0. Box IU, Port Burwell,Ontario NUJ ITU 40 sil " telephone(5 I9)874-4343 * fax (S 19)874-4948 lIk .4124111r..5 PORT us RERIGIN Memo To: David Free From: B. Wolfe Re: Proposed Sign By-Law- Possible Infractions Date: April 20, 1995 The following is a list of possible violations that exist within the Village at the time with regards Ea the above said. 1) 27 Robinson Street Section 3.13.1, Removal of Abandoned Signs 2) Bridge Street West Side Restaurant Sign - Section 3.13.3 - Defective Condition 3) tt "Fresh Fish"sign, Section 5.2 Ground sings - no closer than 1m to property line. 4) Bradhelds'portable sign- Section 5.3 Portable Ground Signs - Limit of 30 days continuous use not allowed in residential zone. 5) Wellington Street Royal Canadian Legion- Section 5.2-maximum height 3m- Section 5.2- 1m Setback Royal Canadian Legion - Portable Sign Section 5.3 - Limit 30 days continuous use. 6) 31 Robinson Street Kingfisher's Portable Sign - Section 5.3 - Limit 30 days conti 40 7) 50 Erieus Street Chappy's- Section 52 maximum height 3m Section 5.2 lm setback 8) Corner of Erieus &Victoria Village Sign - Section 5.2 lm setback 9) On the Beach Village Sign- Section 5.2 - maximum height 3m 10) 31 Robinson Street Chalk's Variety - Section 5.7 Projecting Signs - maximum 2m from building face- not over street (sidewalk?) - no closer than 6m from property line. 11) Various Places in Village Portable "Bait", 'Tackle" and "Firewood" folding signs and signs affixed to trees, poles etc. Section 7.0 - not allowed - not on trees 12) Bridge Street Big Otter Marina - Section 5.2 - Maximum height 3m 13) Chatham Street Jack Foster - Section 5.2 - maximum height 3m - Section 3.13.1 - abandoned sign Brian Wolfe, CBCO Property Standards Officer By-Law Enforcement Officer Village of Port Burwell page 2 of 2 P0R7 THE CORPORATION OF THE 111110111011VILLAGE OF PORT BURWELL ; ,F. (� P.O.Box 10,Port Burwell,Ontario NO) I TO telephone (519) 874-4343 • fax (519)874-4948 iiliy tom% tQRTUS REFUGIuo April 11, 1996 Mr. &Mrs. Foster Post Office Box #118 Port Burwell ON NOJ 1TO Dear Mr. & Mrs. Foster Re: Sign Located at 4 Chatham Street Please note that your request was brought to the attention of Council and it was decided that the sign may remain according to Section 3.13.1 of by-law 95-16 which reads as follows: 3.13.1 Removal of Abandoned Signs - When a sign no longer correctly advertises a bona fide business, lessor, owner, product of activity conducted or product available, on the premises where such as a sign is displayed, the owner shall remove the sign within thirty (30)days from the date of receipt of notice a such removal from the Chief Building Official. It is our understanding that the sign will be used for advertising purposes and please note that should raiiy person enquire with regards to advertising, it will be suggested that they advertise by way of your sign. I trust that you will find this to be satisfactory and if you should have any further questions please feel free to call. Yours truly D. F e, CET, AMCT A. inistrator/Clerk-Treasurer David R.Free,CET,AMCT • Administrator/Clerk-Treasurer 4F PORT BVA # 9 t THE CORPORATION OF THE !': VILLAGE OF PORT BURWELL 41. P.O.Box 10,Port Burwell,Ontario NOJ ITO !44. telephone(519)874-4343 • fax (519)874-4948 filia qamilizaw' PORrus REFUGIA* MEMO To: David Free From: Ed Roloson Date: April 3, 1996 Re; Additional information concerning the sign located at 4 Chatham (Jack&Gwen Foster) Please be advised that the above mentioned sign measures 4 ft. wide and 6 ft. height for a total of 24 square feet in area. The allowable square footage for such a sign is 33.3 sq-ft ( section 5.2.6 of By-Law #95-16 ). The overall height from the top of the sign to the existing grade is 8ft. Section 2.25 of the previously said By-Law permits an overall height of lOft. Without the aid of a legal survey the sign appears to be located approx. 12ft from the frout property line. Section 5.2.2 of the above said sign By-Law regulates a minimum 3.3 ft setback from any property line. The sign located at the above said address has be deemed abandoned due to the fact that it no longer advertises a bona fide business ( section 3.13.1 ). 'VcI, S tapue Al/ Oolf a to % '�`` �, � L Yours truly 9,, coo I iedwil. (2, r (tot" c*.‘ \-\1 O‘v p') Ed Roloson �v t Chief Building Official ro --R[tic) By-Law Enforcement Officer V"'' h �. /76 David R.Free,CET,AMCT• Administrator/Clerk-Treasurer 111111. VIII y � r it 44:' ,.sol. • . 4 411, 1 s s. ir jzfriyio 11///10 i.... je 47tit 14,11 C a • 7 Coo i e fi 4 f 4,141 9 POR$1111111111111:41-e -e THE CORPORATION OF THE Afikatiligh al• VILLAGE OF PORT BURWELL 141111=5 P.O.Box 10.Port Burwell.Ontario NOJ 1 TO � telephone(519)874-4343 fax(519)874-4948 ftla $a% 4 P°03TUS REFUGIU MEMO To: David Free From: Ed Roloson Date: March 18, 1996 Re: The sign located at 4 Chatham (Jack&Gwen Foster) Please find attached the February 1, 1996 letter that was sent to the Fosters as well as a copy of the March 7, 1996 letter from the Fosters that was provided for the March 12, 1996 council meeting. Section 3.13.1 of by-law #95-16 regulates the removal of abondoned signs of which is also attached. Currently the Fosters have an abondoned sign ( approx. 24 sq.ft) located in the front yard ( Cl general commercial zoning ) of the above said address. I am awaiting further direction from yourself/property standards committee. yours truly aild#"" Ed Roloson Chief Building Official By-Law Enforcement Officer David R.Free,CET AMU- Administrator/Clerk-Treasurer J. or*PORT a� ��. t R��� THE CORPORATION OF THE aliiime..,4111111kVILLAGE OF PORT BURWELL ripiiii fir P.Q.Box IO Port Burwell,Ontario NOJ ITO °it lolliAttikill," telephone (519) 874-4343 • fax (519) 874-4948 iia i1 °ORTIJs REF1.1G04 0 jilt i O S February 1, 1996 John Foster PO Box # 118 Port Burwell ON NOJ 1TO Dear Mr. Foster: Re: The sign located at 4 Chatham Port Burwell ON. The sign located at the above said address is in violation of the Village of.Fort Burwell Sign By-Law #95--16, Section #3.13.1 Maintenance 07.d Removal of Signs as follows; #3.13,1 Removal of abandoned signs -- When a sign no longer correctly advertises a bona fide business, lessor, owner, product of activity conducted or product available, on the premises where such as a sign is displayed, the owner shall remove the sign within (30) clays of notification. Could you please either make arrangements to have the sign removed or deal with it when arriving back from vacationing. Thank you for your cooperation in this matter. Yours truly el/6LP? ' Ed Roloson Chief Building Official By-Law Enforcement Officer David R.Free,CET AMCT • Administrator/Clerk-Treasurer- i.nrch 7, 1 3)3. TO: Port aur veli Council R::,: iLn J r-Lax letter - John and Gwen poster rro_ier 4y ATTENTION: :1,6EV3 NESBI i i +e respectfully recuect an audience with Council at the next meetin ; concernin4, removal of our eibn. 1. Admittedly, the to) with Jack Poster on it, is aro,cen and derelict; should ue removed and will oe. 2. The bottom blanc white lighted sioi, for which we have az, abundance of alphabetical letters on hand, is electrically wired to a :.,itch i.: the house. 3. The si,an has rarely been used since our leoo closinc, - four or five times for a fear-end arae sale and once for Councillor votiri ;. "ie have never rented out this oien, a;.• is a usual cu,eto.. 4. It is similar to Ron iradfield's, except ours ie.. permanently embedded 4 feet deep and one foot a cove bound in a section of cement 3 feet wide and 5 feet long. The frame for the awirine„ is also deeply cemented in. 5. This sic,n could not oe replaced for a cainimum of eh.cludink, labour. 6. Business or residence, anyone would want such a siGn, =s long as ai:-cretian is used for the right purposes, outside: of casinesc use. Council's 2y-Law to deetrcy v?:i valuable J.sset to tie commercial store attached to our residence causes us much concern. In order to keep it for resale purposes, we have therefore no recourse but to sell the pro ert;y and leave, a year or t ti,o sooner than •.e thouht of. Naturally, we want a fair price in order to ma:e other glans; commercial property values are not high right Ve do ass for a little time, as we are not a:: nimole--footed as once were. xi= e nould ;:e re_.uired to lrepere the ir_zerior outer )rolier•z; for evaluation and sale. .i he land is about aa acre in size. 'cher e are fee. )roaerzies in tie VillaLe left, ::;at iar y,e. '7e therefore, would beautify the sign, re uestinL, not to vee troy it; as • senseless; but rather to remove the top sign, )ossi.:+ly Alantin, flowers trounc:. the base, with Canadian and Ontario flats _,laced to). lith no Letter advertisene:t, thereon, it should not contravene the 41/a.N, as .;hest signs are used on residential properties de well. . . . . 2 - - 2 - Hopefully, some enterprising ,young., people will be able to do what we, as seniors, are no longer able to do with this com- mercially-zoned property. One Councillor stated, "commercial property is not wanted on the -:est side - the East side beim; tie Commercial section." If one has developmental vision, one can see that Commercial business is "essential" to the tax base "anywhere" in Cort Burwell, es ecially on the '}est side, on a lar6e-sized prop- erty, (whether the erovincial Part privatizes, or not). Ninety percent of the commercial businesses here find it dif- ficult to survive on 4 to 5 months' busine s income and are in the same boat as the fishermen, except that they ua ally have no unemployment income. It is ironic that older people are now leaving the cities and towns for places like PORT ROWAN, LONGPCII1` , TURKZY POINT, PORT G ASGO7, ETC. The trend is condominiums; Private parks ,vith Park I"iodels and slip docks for boats, for the over 55 po_)ulttion Sumner, Fall and Sprinu, with sinter ice fiehin6 available with a Commercial effort. That . shame that our ':arbour lands are tied up by the Un- numbered Company's lack of this vision. This property and also Pul"ham's are the only t.vo :Jest Harbour hillsides not controlled by them at this end. In the next century, one uid;ht envision Lake Ports doried in the ••Tinter; people not havinb to take their arthritic bone; South. In closing, ;gid Roloson, has been very 'hey pA ul in "Listening" to the above details, without personal juionez_t of our concerns. are indeed fortunate to have him on Vill .Le Staff. Hopefully, this long discourse will have saved valuable meeting explanation time. Jack and I All, ho ever, be open to any fur- ther questions Councillors may want to as . Sincerely yours, (Jack and) Gwen 2oster. -0.1)oet okst, :Ar .F>?;i 4-of f. revokes a permit, the owner or applicant may appeal such decision to Council. Such appeal must be undertaken within thirty (30) days of such refusal or revocation. N' 3.11 Permit Application Fee Refunds (a) Where an application for a sign permit is made and no permit is issued or where a permit is issued and the sign is not erected, upon written request of the applicant, the Chief Building Official may refund 50% of the permit application fee. (b) No refund shall be made of less than$10.00. (c) When an application is filed and no permit issued no fees will he refunded after six (6) months after the date of the filing of the application, and where a sign permit is issued and the sign is not erected no refund shall be made after twelve (12) months of the date of issuance of the permit. 3.12 Inspection (a) Every sign for which a permit is required, shall be subject to inspection. The owner or his designate shall notify the Chief Building Official when the sign is completed and ready for inspection. (b) An Inspector may for the purpose of inspecting a sign or site in respect of which a permit is issued or an application is made enter in or upon any land or premises at any time without a warrant (c) An Inspector may for the purpose of determining if a sign is safe and/or complies with the requirements of this by-law require the owner to produce documentation for the Inspector's review to assist in .he determination of the signs safety and/or compliance. 3.13 Maintenance and Removal of Signs 3.13.1 Removal of Abandoned Signs - When a sign no longer correctly advertises a bona fide business, lessor, owner, product of activity conducted or product available, on the premises where such as a sign is displayed, the owner shall remove the sign within thirty (30) clays 11 from the date of receipt of notice a such removal from the Chief Building Official. 3.13.2 Removal of Dangerous Signs - If, in the opinion of the Chief Building Official, any sign is in such condition as to constitute a physical hazard to public safety the Chief Building Official may give notice in writing to the owner of such sign to remove the same within twenty four (24) hours. It shall be the duty of such owner to remove such sign in accordance with the said notice. If the owner of the sign cannot be located, or if he refuses to comply with the order the Chief Building Official mayhave the offending sign removed. 3.13.3 If any sign is in an unsafe or defective condition the Chief Building Official may give written notice to the owner of such sign to repair or remove said sign within a period of forty eight (48) hours. It shall be the duty of such owner to repair or remove such sign in accordance with the said notice. If the notice is not adhered to or if the owner of the sign cannot be located, the Chief Building Official may have the offending sign removed. 3.13.4 Cost of Maintenance or Removal - The cost of such repair, removal, transportation and storage of such sign shall be a debt due and recoverable from the owner or where appropriate the tenant and in the case of non-payment such shall be recoverable in the same manner as municipal taxes. 3.13.5 Where a sign has been legally erected and located in accordance with a predecessor sign by-law this by-law shall not be construed to require such sign to be brought into conformity with the provisions of this by- law and may be altered, or repaired subiect to complying with all other applicable provisions of this by-law. 3.14 Enforcement The Chief Building Official or his agent is authorized to pull down or remove, at the expense of the owner, any sign that is erected or displayed in contravention of the by-law and may require any person who: (i) has caused a sign or other advertising device to be erected, displayed, altered or repaired without first having obtained a permit to do so; or 1:? 641}/). CEI' ,,� YrI d village of Part Burro S aPO 21 Pitts Street Cif ir�,.� Port Burwell ON NOJ 1TO 7-.0SI) BY-LAW 95-20 C., 01 lid i A by-Law for Prohibiting and e/qfRegulating the Erection of Signs and Other Advertising Devices WHEREAS Section 210, paragraphs 145, 146, 147, 148, 148 of The Municipal Act, Chapter M-45, R.S.O., 1990, as amended, provides that the Council of a Municipality may pass by-laws for the prohibiting or regulating the erection of signs and other advertising devices and the posting of notices on building or vacant lots within any defined area or on land abutting on any defined highway or part of a highway; AND WHEREAS The Municipal Act provides that where a Council has authority to direct or require by by-law, or otherwise, that any matter or thing be done, the Council may, by the same or by another by-law, direct that, if in default of its being done by the person directed or required to do it, such matter or thing shall be done at his expense, and the Corporation may recover the expense incurred in doing it, by action or the same may be recovered in like manner as municipal taxes. AND WHEREAS the Council of eoC tion of the Village of Port Burwe Pi. s it necessary to pass a bylaw to regulate the use of signs an. a•vertising •evices in e i aoe of Port Burro-''with a view to ensuring the safety of the public in respect to the erection an. maintenance of such signs; Now therefore the council 0fa Corporation of the Villa ort B liacts as follows: 1.0 Title and scope 1.1 Short Title 1.1.1 This By-law may be cited as the"Sign By-law". 1.2 Scope 1.2.1 The provisions of this by-law shall regulate the erection, location, construction, alteration, repair and maintenance of all outdoor signs and other advertising devices on land abutting any highway or part of a highway within the limits of 1 the tion of the Municipality c6illage of Po urwe 1. 2.0 Definitions The following definitions shall apply for the purposes of this By-law unless the context otherwise provides: 2.1 Area of a Sign - means the number of square metres on the surface of the sign including the border and frame. The area of a multiple faced sign shall be 50% of the sum of the area of all the faces. 2.2 Awning -Mean a temporary shelter or roof-lite projection consisting entirely of non-rigid materials such as cloth of canvas, except for supporting framework An awning must be retractable. 2.3 Abandoned Sign - Means a sign which no longer correctly directs or advertises a bona-fide business, lessor, owner, product or activity conducted, or product produced on the premise upon which the sign is displayed. 2.4 Advertising Device -Mean any fancifully designed device, object or any means of identification visible from any public street creating a design and intended to be erected or located or affixed on any land, building or structures which directs attention to any land, building or structure and includes flags, banners, pennants, lights or any object intended for advertising purposes. For the purposes of this by-law, an advertising device shall mean a sign. 2.5 Alteration - Means any change to a sign structure or sign face including the addition, deletion or re-arrangement of parts, excepting the changing of the message displayed by the sign, or the replacement of identical parts for maintenance purposes. 2.6 Awning Sign - Mean a non-illuminating identification sign painted to or affixed flat to the surface of an awning which does not extend vertically or horizontally beyond the limits of such awning. 2.7 Banner Sign - means a sign produced on cloth, paper, fabric or other combustible material of any kind with or without frames. 2.8 Billboard Sign -means a sign erected for the purpose of displaying advertising 2 posters which are renewed from time to time. 2.9 Building - means any structure or edifice use or intended to he used for the storage goods, chattels or people. 3 2.21 Face - means the surface of the sign upon, against or through which the message of the sign is exhibited. 2.22 Flashing Sign - means a luminous or illuminated sign, fixed or rotating upon which the source of artificial light is not stationary or the intensity or colour is not constant, but does not include signs indicating time and/or temperature nor does it include electronic signs. 2.23 Frontage - means the width of a lot between the side lot lines measured at the street line. Where more than one property line abuts the street line each property line shall be considered separately for the purposes of determining frontage. 2.24 Grade --means when used in reference to a sign the average elevation of the finished surface of the ground where it meets the supports of the sign or the building upon which it is erected, exclusive of any artificial embankment. 2.25 Ground Sign - means a sign 3 metres or less in height ,i directly supported from the ground without the aid of any other building or structures other than the sign structure. 2.26 Height of Sign - means the actual distance from the grade to the highest point of the sign. 2.27 Highway - includes a common and public highway, street, avenue, roadway, road allowance, lane, driveway, parkway square, place, bridge, subway, viaduct, trestle or by-pass designed or intended for the use of the general public for the passage of vehicles and pedestrians. 2.28 Home Occupation - means a use as defined pursuant to the terms of the Zoning By-law, as amended, by the Municipality. 2.29 Home Industry- means a use as defined pursuant to the terms of the Zoning By-law, as amended, by the Municipality. 2.30 Illuminating Device - means any device employing artificial lighting intended to draw attention to a sign whether designed to function internally or externally in reference to a sign. 2.31 Institutional Sign - means any sign pertaining to government departments and agencies, hospitals, churches, schools, service clubs and similar organizations. 4 2.32 Lot - means any parcel of land, held in separate and distinct ownership from adjoining parcels of land, whether such parcel is described in a registered deed, or shown as a lot or block on a registered plan of subdivision on which a sign is located or intended to be located. 2.33 Multiple Faced Sign means a sign having two or more faces. 2.34 Over-Hanging Signs - Means a sign which projects from a wall o # e a premise and •which is either single or double faced, with the sign face or faces approximately perpendicular to the plane of such wall. 2.35 Owner - includes: (a) owner of a sign (h) owner of the real property on which the sign is located, or, (c) the person, for the time being, managing or receiving the rent of (1) the sign, or (ii) the real property on which the sign is located. 2.36 Person - means and includes a real or corporate person. 2.37 "Point of -sign" - means a sign erected and maintained upon which there is displayed advertising copy, describing products or services or services which are made, produced, assembled, sold, stored or available from the lot upon which the sign is erected. 2.38 Pole Sign - means a sign greater than 3 metres in height directly supported from the ground without the aid of any other building or structure other than the sign structure. 2.39 Portable Ground Sign means a type of ground sign situated on the ground but not permanently affixed thereto and without restricting the generality of the foregoing, be deemed to include signs that may be moved from place to place. 2.40 Produce Sign - means a sign not exceeding 2.25 square metres in area and advertising seasonal locally grown produce for sale. 2.41 Projecting Sign means a type of sign so constructed and so erected as to be attached at one end to a building and projecting outwardly there from. 5 2.42 Property Line - means any boundary that divides a lot from another lot or road allowance or highway. 2.43 Real Estate Sign - means a sign that advertises property or premises for sale, lease or rent. 2.44 Residential Property means property zoned "Residential" in accordance with the relevant Zoning By-law for the Municipality. 2.45 Road Allowance - means that portion of land allowed for road or highways established by any statute, act, by-law or plan. 2.46 Roof Sign - means a sign which is erected, constructed or supported on or above a roof of a building. 2.47 'Rural' Zone- means property zoned "Rural' pursuant to the relevant zoning by-law for the Municipality. 2.48 Sidewalk - means that portion of a highway between the curb and property line designed and constructed primarily to facilitate die movement of pedestrians. r 2.49 Sightezgle - means the triangular space formed by two intersecting street lines and a line drawn from a point in one street line to a point in the other street line, each such point being 10 metres measured along the street line from the point of intersection of the street lines. 2.50 Sign.means any device displaying any letter, picture, stroke, stripe, line, trademark, reading matter, or illuminating device constructed, attached, erected, fastened or manufactured in any manner whatsoever, so that the same shall be used for the attraction of the public to any place, subject, person, firm, corporation, public performance, article, machine or merchandise whatsoever and displayed in any manner whatsoever. 2.51 Structure - when used in reference to a sign means the supports, fights, bracing and framework of a sign. 2.52 Street Line- means the boundary line that divides a lot from a road allowance or highway. 2.53 Special Event Sign - Means temporary street decorations, banners, paper 6 signs, cloth signs, poster, handbills or any other temporary advertising devise installed for various civic celebrations and/or other festivals and/or events. 2.54 Temporary Directional sign - means a sign erected to advertise the location of a recently established business. Such business having been operational for a period not exceeding six months. 2.55 Municipality means the Corporation of the Municipality of Village of Port Burwell. 2.56 Traffic Sign.means a sign, marking or device carefully placed for the purpose of regulating or prohibiting traffic. 2.57 Visual obstruction - means a sign which when so erected impairs the view of the public as may be determined by the Public Works Department for the Municipality. 2.58 Wall Sign - means a sign which is attached directly to the building wall or that part of a building wall that has the sign displayed directly on the wall. 2.59 Zoning By-law - means any by-law regulating the use of lands and the character, location and use of buildings and structures in the Municipality and passed pursuant to the Planning Act. 3.0 Administration 3.1 No person shall erect, place, maintain, repair, alter, cause or permit to be erected, placed, maintained, repaired or altered any sign without first having obtained a permit except as may be provided in Section 3.6. 3.2 Neither the granting Of a permit nor the approval of the drawings and specifications, nor inspection made by an inspector during the erection of a sign shall, in any way, relieve the owner of such sign or the owner of the property on which the sign is located, from full responsibility for carrying out the work in accordance with the provisions of this by-law. 3.3 The Chief Building ;fficial shall review all applications, plans and specifications submitted for sign permits and if in conformity with the provisions of this By-law and all other applicable law, shall certify the 7 plans and issue the sign permit. 3.4 Variances 3.4,1 Where a person can not comply with the provisions of this by-law application may be made to Council for a variance to the provisions of the by-law. 3.4.2 Application to Council for a variance shall clearly set out why the provisions of the by-law can not be met and shall be accompanied by the appropriate fee for a variance as detailed in Schedule 'A' attached hereto. The fee is non refundable. 3.4.3 Council may, upon the application for a variance from the provisions of this by-law, authorize such minor variances provided in the opinion of the Council the general intent and purpose of the bylaw are maintained. 3.5 Sign Applications 3.5.1 ery ap lication for a sign shall be submitted to the .Ad`nistrator C er -T - .n a prescribed form provided for that purpose and shall be accompanied by: (a) a plot plan showing the property lines of the lot on which the sign is proposed to be located, the location of the sign in relation to the lot lines and to all other structures located on such lot. (b) the Chief Building Official may require the correctness of such plans so submitted to be certified by an Ontario Land Surveyor. (c) complete plans and specifications of the proposed sign sufficient in detail to include information with regard to materials used; message; lighting; colours; dimensions of the sign area; sign face; and supporting members; the maximum height, clearance and projection; and all relevant structural information to allow the Chief Building Official to determine if the proposed sign complies with the provision of the by-law and any other applicable laws. (d) the Chief Building 2ifficial may require such additional information as may be required to determine if the structure or building will carry the additional loads or stress imposed by the erection of the sign. (e) the required sign permit application fee as set out in Schedule 'A' attached hereto. 3.6 Permit Exemptions 3.6.1 Notwithstanding the provisions of the by-law and unless otherwise required herein, no permit shall be required for the following signs: (a) a produce sign as defined in this by-law provided there is only one such sign per frontage, (b) an election sign, (c) an institutional sign, (d) a sign not exceeding 0.2 square metres in area identifying the ownership of a property in a Residential or Rural Zone, (e) a real estate sign not exceeding 0.6 square metres in area identifying a property for rent, sale or lease, (f) a sign erected inside a building or structure, (g) die changing or repair of any non- structural part of an existing legally erected sign or an approved , sign for which a permit was issued, that is designed for such change or the repainting or reporting of the advertising message on the display surface of such sign, (h) a sign not exceeding 0.2 square metres displaying a prohibited use, (i) a sign incorporated onto a drop awning, (j) a portable ground sign located in conformance with the requirements of 9 Section 5.3 of this By-law, (k) bed and breakfast signs erected in accordance with any licensing provision established from time to time by the Municipality to regulate such uses, (1) a construction sign complying with Section 6.3. 3.7 No person shall erect or cause to be erected a sign except in accordance with the certified plans, specifications or other information on the basis of which a permit was issued or any changes authorized by the Chief Building Official. 3.8 The Chief Building Official may cancel an application for a sign permit which is still incomplete after six months of the date of filing the application and such application, in the opinion of the Chief Building (ficial, is not being seriously pursued. 3.9 The Chief Building Official may revoke a sign permit:. (a) where it has been issued on mistaken or false information, (b) where, after six months of issuance, work has not been 4 lly completed in the opinion of the Chief Building ficial, (c) where work is substantially suspended or discontinued for a period of more than one year, (d) where a sign is removed save and except seasonally erected signs. 3.10 In the event of the Chief Building Official or an Inspector or officer acting on behalf of the Chief BuildingOfficial, refuses to issue a permit or revokes a permit, the owner or applicant may appeal such decision to Council. Such appeal must be undertaken within thirty (30) days of such refusal or revocation. 3.11 Permit Application Fee Refunds 10 (a) Where an application for a sign permit is made and no permit is issued or where a permit is issued and the sign is not erected, upon written request of the applicant, the Chief Building ItAfficial may refund 50% of the permit application fee. (b) No refund shall be made of less than $10.00. (c) When an application is filed and no permit issued no fees will be refunded after six (6) months after the date of the filing of the application, and where a sign permit is issued and the sign is not erected no refund shall be made after twelve (12) months of the date of issuance of the permit. 3.12 Inspection (a) Every sign for which a permit is required, shall be subject to inspection. The owner or his designate shall notify the Chief Building official when the sign is completed and ready for inspection. (b) An Inspector may for the purpose of inspecting a sign or site in respect of which a permit is issued or an application is made enter in or upon any land or premises at any time without a warrant (c) An Inspector may for the purpose of determining if a sign is safe and/or complies with the requirements of this by-law require the owner to produce documentation for the Inspector"s review to assist in the determination of the signs safety and/or compliance. 3.13 Maintenance and Removal of Signs 3.13.1 Removal of Abandoned Signs - When a sign no longer correctly advertises a bona fide business, lessor, owner, product of activity conducted or product available, on the premises where such as a sign is displayed, the owner shall remove] the sign within thirty (30) days from the date] of receipt of notice a such removal from the Chief Building Official. 11 3.13.2 Removal of Dangerous Signs - if, in the opinion of the Chief Building Official, any sign is in such condition as to constitute a physical hazard to public safety the Chief Building Official may give notice in writing to the owner of such sign to remove the same within twenty four (24) hours. It shall be the duty of such owner to remove such sign in accordance with the said notice. If the owner of the sign cannot be located, or if he refuses to comply with the order the Chief Building Official may have the offending sign removed. 3.13.3 If any sign is in an unsafe or defective condition the Chief Building Official may give written notice to the owner of such sign to repair or remove said sign within a period of forty eight (48) hours. It shall be the duty of such owner to repair or remove such sign in accordance with the said notice. If the notice is not adhered to or if the owner of the sign cannot be located, the Chief Building Official may have the offending sign removed. 3.13.4 Cost of Maintenance or Removal - The cost of such repair, removal, transportation and storage of such sign shall be a debt due and recoverable from the owner or where appropriate the tenant and in the case of non-payment such shall be recoverable in the same manner as municipal taxes. 3.13.5 Where a sign has been legally erected and located in accordance with a predecessor sign by-law this by-law shall not be construed to require such sign to he brought into conformity with the provisions of this by- law and may be altered, or repaired subject to complying with all other applicable provisions of this by-law. 3.14 Enforcement The Chief Building Official or his agent is authorized to pull down or remove, at the expense of the owner, any sign that is erected or displayed in contravention of the by-law and may require any person who: (i) has caused a sign or other advertising device to be erected, displayed, altered or repaired without first having obtained a permit to do so; or having obtained a permit has caused a sign or other advertising device • 12 A to be erected, displayed, altered or repaired contrary to the certified plans in respect of which permit was issued, to make such sign or other advertising device comply with the provisions of this by-law if it does not so comply, or to remove such sign or advertising device within such period of time as the Chief Building dfficia1 specifies. 3.15 Where the Chief Building Official or kis agent finds there is a significant risk of damage to persons or property from a sign, he may notify the owner to remove the sign or place the sign in a proper state of repair within 48 hours. 3.16 Where the Chief Building Official or his agent finds that any provision of this By-law is being contravened, he may notify the owner in writing directing compliance with such provisions forthwith or within such time as shall be specified in the notice. 3.17 Where the owner fails to comply with a notice issued pursuant to Section 3.16, the Chief Building Official may cause such sign to be removed or the contravention corrected at the expense of the owner and the Municipality may recover the expense incurred by action or in the same way be recovered in like manner as municipal taxes. 3.18 When a-sign ceases to comply with the requirements of this by-law as a result of a road widening the Chief Building official may require the removal of the subject sign at the owners expense within thirty (30) days of notification. 3.19 The provisions of this by-law shall not 6e construed as relieving or limiting the responsibility or liability of any person erecting or owning any sign or display for personal injury or property damage resulting from the placing of such sign or resulting from the negligence or wilful acts of such person, his agents or employees, in the construction, erection, maintenance, repair or removal of any sign erected in accordance with a permit issued hereunder. Nor can it be construed as imposing upon the municipality of its officers or employees any responsibility by reason of the approval of any signs, materials or devices under the provisions of the by-law. 4.0 General Provisions 4.1 Every sign shall be designed, constructed and erected in conformity with the provisions of this by-law and the Building Code. oviOA 13 4.2 Where a sign is required to be designed by a Professional Engineer or Architect the Chief Building official may require that the sign and its supporting structure be certified by the Engineer or Architect as being erected in compliance with the design drawings and specifications. 4.3 Where this by-law prescribes minimum set-back provisions such set-backs shall be the shortest horizontal distance from any part of the sign or its supporting structure to the nearest property line. 4.4 Every sign utilizing electricity shall he subject to the requirements of the authority having jurisdiction with respect to the supply of electricity. 4.5 Notwithstanding any other provision of this by-law, no person shall: (a) erect or maintain any sign including signs displayed within a building, spotlights, floodlights, or any other special illumination or on a building or structure or portion thereof, in such a location or with materials, lights or colours, so as to interfere with the proper operation and visibility of any traffic signal light or traffic sign which is now or may hereafter be erected for the control or guidance of traffic 'an upon the highways and/or streets of a Town, Vat.,,*, t (b) erect or maintain any sign where, it would adversely interfere with the line of vision of pedestrian or vehicular traffic, (c) erect or maintain a sign located as to obstruct openings required for light and ventilation, any required means of egress 4410 or required access for fire fighting in accordance with the ire Code or Building Code. TA at kCi 4.6 No sign shall be erected where the top of such sign will exceed a height of 10 metres above grade. 4.7 Where the provision of one portion of the By-law conflicts with any other provision of this By-law the most restrictive requirement shall be used to establish the minimum requirement. 5.0 Classification By Structural Type 14 5.1 General All signs shall comply with the general provisions of the by-law as well as all specific requirements of the by-law which may be applicable to its particular use as determined in Section 6 and its location within the Heritage District pursuant to Section 8 of this By-law. 5.2 Ground Signs 5.2.1 Ground signs shall not exceed 3 metres in height.. 5.2.2 No portion of a ground sign shall be erected closer than 1 metre to a property line. 5.2.3 A ground sign shall not be located in a sight triangle as defined in this by-law. 5.2.4 Except as provided in 5.2.5 not more than one ground sign shall be permitted for each business to a maximum of three ground signs per frontage. 5.2.5 Where the traffic speed limit applicable to the highway adjacent to a lot exceeds 70 kilometres per hour and the lot has a minimum frontage of exceeding 150 metres then a maximum of three ground signs may be erected. 5.2.6 Ground signs shall not exceed 3 square metres in area. 5.3 Portable Ground Signs 5.3.1 Unless otherwise prohibited in this By-law portable ground signs may be erected without a permit provided: (a) the sign is for a specific period not to exceed thirty days of continuous placement at which time it shall be removed and not be replaced on the site for ninety days, frem the date of its removal, 15 (b) Portable ground signs shall maintain a minimum set-back of 2 metres from any property boundary, (c) Portable ground signs shall not be located in a sight triangle as herein defined, (d) No portion of a portable ground sign including directional arrows shall be flashing, (e) Portable ground signs shall not be permitted in any Residential or Rural Zones or the Heritage District as herein defined except in association with an existing legal non- conforming commercial or industrial use and in compliance with the conditions as herein defined. (f) portable ground signs shall not exceed 3 square metres in area. 5.4 Signs 5.4.1 Pole signs shall be greater than 3 metres in height but not greater than 10 metres. 5.4.2 Pole signs shall not exceed 12.0 square metres in area. 5.4.3 Pole signs shall be designed by a Professional Engineer or Architect and shall be erected under the supervision of such Professional Engineer or Architect and shall be certified by such Professional Engineer or Architect as having been erected in accordance with the design drawings and specifications. 5.4.4 The number of pole signs on any one lot shall not exceed one (1) sign for each street frontage. 5.4.5 Pole signs are not permitted in any Residential or Rural Zones or the Heritage District as herein defined. 16 5.4.6 Pole signs shall not be located closer than 2 metres to any property line and in the case where the property abuts a Residential Zone the pole sign shall not be erected closer than 5 metres to the Residential Zone. 5.5 Roof Signs 5.5.1 Roof signs shall not exceed 10 metres in height as measured from grade. 5.5.2 Roof signs shall not exceed 10 square metres in area. 5.5.3 If required by the Chief Building Official roof signs shall be designed by a Professional Engineer or Architect to ensure the safety of the design as well as the Building on which it is intended to be erected. 5.5.4 The maximum number of roof signs shall not exceed one (1) per building. 5.6 Wall Signs 5.6.1 The total area of all wall signs shall not exceed 10% of the area of a building face. 5.6.2 Wall signs shall not project more than 400 millimetres from a building face. 5.6.3 Wall signs shall not extend above the eave of the building face. 5.7 Projecting Signs 5.7.1 Projecting signs shall not project more than 2 metres from the face of the building wall. 5.7.2 A projecting sign shall not extend over a street or highway and shall not extend closer than .6 metres to a property line. 17 5.7.3 Projecting signs are not permitted in any Residential or Rural Zones. 5.7.4 Projecting signs shall not exceed 10 square metres in total area. 5.7.5 Where required by the Chief Building Official projecting signs shall be designed by a Professional Engineer or Architect. 6.0 Classification by Use 6.1 General 6.1.1 All signs must comply with the general provisions of the by- law as well as the specific provisions for its structural type as determined in Section 5 and its location within the Heritage District pursuant to Section 8 of this By-law. 6.2 Point of Sale Signs 6.2.1 Unless otherwise specifically permitted herein signs shall be located only on the lot to which the sign applies and shall only advertise a use, service or product available from the lot on which the sign is located. 6.2.2 Section 6.2.1 does not apply to an institutional sign or an election sign. 6.2.3 Section 6.2.1 shall not apply to prohibit the erection of one industrial directory sign per plan of subdivision or similar lands intended primarily for multiple industrial occupancies. An industrial directory sign is a sign erected to identify the name and address of more than one industrial use and the uses are not necessarily on the lands on which the sign is located. Such sign shall still comply with the requirements applicable to its construction type and is subject to reinspection and renewal every five years after the initial 18 . permit is issued. • 6.3 Home Occupation & Home Industry Signs 6.3.1 A home occupation sign shall not exceed 0.2 square metres in area and shall not exceed 1.5 metres in height and shall comply with either the requirements of Section 5.2 for a ground sign or Section 5.6 as may be applicable to the structural type. There shall be only one such home occupation sign per lot. 6.3.2 A home occupation sign shall not be illuminated. 6.3.3 A home industry sign shall not exceed 2 metres in height and 3 square metres in area and shall be limited to one sign per property and shall comply with either Sections 5.2 or 5.6 as applicable to the structural type. 6.3.4 A home industry sign shall not be illuminated. 6.4 Construction Sign 6.4.1 Construction signs may be erected on a project site or within an active plan of subdivision provided they comply with the following: (a) shall not exceed 5 metres in height and shall not exceed 12 square metres in area, (b) shall remain in place for only that period of time the project is active, and (c) shall comply with all applicable general requirements as provided for in the by- law. 6.5 Election Sign - . 19 6.5.1 Election signs shall comply with all the provisions of this by- law except they may be located on al own • ed road allowances. 6.6 Institutional Signs 6.6.1 Institutional signs shall not exceed 1.5 square metres in area. 6.6.2 Institutional signs shall not be located on any property other than the property to which the sign applies except that Council may grant permission to specific signs for specific events and times. 6.7 Real Estate Signs 6.7.1 Real Estate signs larger than 0.6 square metres in area are subject to all requirements of this bylaw as may be applicable to the structural type of sign erected. 6.7.2 Real Estate signs shall be removed within 10 clays of the closing date and transfer of the property's ownership. 6.8 Temporary Directional Sign A temporary directional sign may be erected in accordance with the following provisions: (a) a temporary directional sign shall comply with the requirements of a ground sign as defined herein and shall not exceed 2.2 square metres, (b) a maximum of two temporary directional signs are permitted for each business with a maximum of one sign per street, (c) temporary directional signs may be erected for a maximum period of one year from the date of permit issuance and such one year period may be extended for a maximum of one additional year provided all the applicable terms of this by-law are met, 20 (d) temporary directional signs are restricted to lots abutting to Provincial and County roadways. 7.0 Prohibited Signs 7.1.1 The following signs are rohibited from being erected within the jurisdiction of QC/Village of Port (a) flashing signs, (b) revolving signs or beacons, (c) signs which are not conventionally supported by structural apparatus but float above the ground and are tethered to the ground (d) signs which by their pictures, words or drawings are indecent or may tend to corrupt or demoralize (e) no sign shall be erected on any utility pole, traffic marker, tree, shrub or hedge. (f) portable ground signs and pole signs are not permitted in the Heritage District as described in Section 8.1.1. (g) billboard signs. 8.0 Heritage Area Signs 8.1.1 In addition to the requirements of Sections 4, 5, 6 & 7 of this By- law additional requirements shall apply to signs erected on lands abutting roadways or streets located within the Heritage District as established by By-law 1667-86 passed pursuant to the Ontario Heritage Act. 8.1.2 RESERVED 8.1.3 Wall signs shall be located a minimum of 2.4 metres above the first %floor level and shall not obstruct the buildings architectural features. • 21 8.1.4 RESERVED 8.1.5 RESERVED 8.1.6 Signs in the Heritage District shall not be internally illuminated. 9.0 Penalties 9.1 Any person who contravenes any provision of this By-law is guilty of an offense, and, upon conviction thereof, shall be liable to a fine of not less than $50.00 and not more than$2,000.00 exclusive of costs, for each offence, and the provisions of The Provincial Offenses Act, shall apply to all such penalties. 10.0 Effect on Existing Bylaws 1 1 By-laws 268-72, 763-77, 953_79 and 2397-91 be and the same are hereby repealed. 10.2 This by-law shall come into force and take effect immediately upon final passage thereof. 22 . SCHEDULE 'A' Fee Schedule e4' Sign Permit Application Fee 0 Variance Application Fee $75.00 23 14rct Village of Port Burwell PO Box 10 Port Burwell ON NOJ 1TO 519 874 4343 Fax 874 4948 E pf POR,80 rr'11 =%Rte PoRTUS RENG0W' Memo Date: May 4, 1995 To: Council From: D. Free Re: Bylaw 95-20, A Sign Bylaw Council: The amendments requested at the April 25, 1995 Regular Council meeting have been made to the Bylaw 95-02 and now presented to council for consideration. I would however caution council that the integrity of the bylaw has now been gravely affected considering the requested amendment made to section 5.3.1 (e) stating as followings; (e) Portable ground signs shall not be permitted in any Residential or Rural Zones or the Heritage District as herein defined except in association with an existing legal non-conforming commercial or industrial use and in compliance with the conditions as herein defined without written by Council. 1 The bylaw was oringally structured to administered by staff (as all bylaws are) in concert with the policies established by council through the bylaw considering -permitted types of signs, sizes, configurations, etc. The change to section 5.3.1 (e) having council review certain signs defeats the purpose of the bylaw and is not consistent with the other sections within the bylaw. As an alternative after the enabling legislation section the bylaw could merely read as follows; Ail signs shall be brought before council for prior approval for erection. I would caution council that this action would further encumber council meetings with issues which could be handled by staff considering the guidelines established within a proper bylaw and as provided within the original text. In the instances of requests for variations the Committee of Adjustment has been assigned the task of interpeting on behalf of council. Again the Committee would be a support mechanism to council for policy and would test each issue on technical merit and the spirit of the bylaw. If Council wishes to change the role or eliminate the role completely of the Committee then further amendments are required within the bylaw. Although the changes have been made I would advise council that the bylaw is now "lame" and could be challenged with embarssing results. Please provide your direct comments and questions prior to the council meeting in order that these may be clarified or corrected accordingly. David R. Free Ends. 2 FAX FROM: HARBOUR LIGHTS TO: PORT BURWELL COUNCIL cc Admin. David Free Harbor Lara Co�airy ews RE SIGN BY-LAW TIME: DATE 04/27 95 PAGES 1 Harbour Lights HARBOUR LIGHTS FAX # 519 874-1079 Crop "'""°"'""` phone 874-4545 Reeve Nesbitt and Councillors: I fully support the sign by-law. The proliferation of all kinds of signs does not enhance the community. I will be very pleased to see the signs in front of our property removed. The Village of Port Burwell sign is badly in need of repair and obstructs the vision of east bound cars as we pull out of our driveway. I am not enamoured by portable signs outside of commercial areas. I understand residential zoning is designed to restrict commercial activity. Large portable signs should be restricted to commercial zoned areas. Sincerely, Mary Spicer, RN. P���F POR r g � THE CORPORATION OF THE Sts � VILLAGE OF PORT BURWELL �.1 P. O. Box 10, Port Burwell, Ontario NO) I TO ..`moi �� r�� telephone (S 19) 874-4343 • fax (519) 874-4948 7/04;,%:=0,/ko PORT US REFUG\V Memo Date: April 1, 1995 To: Council From: D. Free Re: Bylaw 95-WA A Sign Bylaw Council: In an effort for continual cleanup of the municipality and a degree of conformity towards a more aesthetically pleasing "downtown", attached is a sign bylaw which will facilitate the previously said municipal "thrust". There are currently signs and sign structures which be required to be removed as the result of the passing of this bylaw (ie Manion properties). However, as restaurant competition "heats up" there may be reason for one business to complain about the advertising activities of the others. This could relegate the municipality into a reactive position in order mediate any concerns. The attached bylaw takes a typical community position towards conformity, safety and fairness for enterprise within the municipality. This bylaw also eliminate poorly constructed and developed signs which serve to advertise poor municipal standards and a lack of care. Although this may be perceived as another form of over legislation of the community businesses, this bylaw is typical in cities and tourist communities ie Niagara-on-the-lake, London, Collingwood, Gravenhurst, etc. The design of this bylaw is to protect those who are professional and responsible to their business approach from those who either by ignorance or malice chose to affect the investment of the good intentioned business person or community. I David R. Free, CET, AMCT(A) • Administrator/Clerk-Treasurer Council will note that variances to applications to the sign bylaw are reviewed by the Committee of Adjustment for conformity. I would caution council and the committee that permitting variances set precedence and will erode the enforceability and intention of the bylaw. Please review and consider the attached providing your comments accordingly. Please provide your direct comments and questions prior to the council meeting in order that these may be clarified or corrected accordingly. ArFree Encls. 2 THE ONTARIO CITATOR SERVICE -- UPDATED TO DECEMBER 8, 1994\ Statute Volumes M- 01 MUNICIPAL ACT\ R.S.O. 1990, Chap. M.45 \ PART XVII POWERS TO PASS BY-LAWS -- ss. 207 to 257\ NUISANCES, SIGNS, ETC. -- ss. 134 to 150 Signs -- s. 146 THE ONTARIO CITATOR SERVICE -- UPDATED TO DECEMBER 8, 1994\ Statute Volumes M- O\ MUNICIPAL ACT\ R.S.O. 1990, Chap. M.45 \ PART XVII POWERS TO PASS BY-LAWS -- ss. 207 to 257 \ NUISANCES, SIGNS, ETC. — ss. 134 to 150 \ Signs -- s. 146 146. For prohibiting or regulating silts and other advertising devices or any class or classes thereof and the posting of notices on buildings or vacant lots within any defined area or areas or on land abutting on any defined highway or part of a highway. (a) A by-law passed under this paragraph may specify a time period during which signs or other advertising devices in a defined class may stand or be displayed in the municipality and may require the removal of such signs or other advertising devices which continue to stand or be displayed after such time period has expired. (b) A by-law passed under this paragraph may require the production of the plans of all signs or other advertising devices to be erected, displayed, altered or repaired and provide for the charging of fees for the inspection and approval of such plans and for the fixing of the amount of such fees and for the issuing of a permit certifying to such approval and may prohibit the erection, display, alteration or repair of any sign or advertising device where a permit has not been obtained therefor and may authorize the refusal of a permit for any sign or other advertising device that if erected or displayed would be contrary to any by-law of the municipality. (c) A change in the message displayed by a sign or other advertising device does not in itself constitute an alteration. " (d) A by-law passed under this paragraph may authorize the pulling down or removal at the expense of the owner of any sign or other advertising device that is erected or displayed in contravention of the by-law and may require any person who, (i) has caused a sign or other advertising device to be erected, displayed, altered or repaired without first having obtained a permit to do so, or (ii) having obtained a permit has caused a sign or other advertising device to be erected, displayed, altered or repaired contrary to the approved plans in respect of which the permit was issued, to make such sign or other advertising device comply with the by-laws of the municipality if it does not so comply or to remove such sign or other advertising device within such period of time as the by-law specifies. THE ONTARIO CITATOR SERVICE -- UPDATED TO DECEMBER 8, 1994 \ Statute (c) Canada Law Book Inc. 1995 Volumes M - O\ MUNICIPAL ACT\ R.S.O. 1990, Chap. M.45 \ PART XVII POWERS TO PASS BY-LAWS — ss. 207 to 257 \ NUISANCES, SIGNS, ETC. — ss. 134 to 150 Notice (e) Before passing a by-law under this paragraph notice of the proposed by-law and notice of the council meeting at which the proposed by-law is to be discussed shall be published once at least fourteen days prior to the council meeting indicated in the notice and in the case of a municipality where there is no newspaper having general circulation in the municipality, shall be posted in a conspicuous place in the municipality for at least fourteen days prior to the council meeting indicated in the notice. (f) The council shall hear any person who before the council meeting indicated in the notice applies to be heard. THE ONTARIO CITATOR SERVICE — UPDATED TO DECEMBER 8, 1994 \ Statute Volumes M - O \ MUNICIPAL ACT\ R.S.O. 1990, Chap. M.45\ PART XVII POWERS TO PASS BY-LAWS — ss. 207 to 257 \ NUISANCES, SIGNS, ETC. -- ss. 134 to 150 Minor variances (g) The council may, upon the application of any person, authorize minor variances from the by-law passed under this paragraph if in the opinion of the council the general intent and purpose of the by-law are maintained. 1983, c. 5, s. 1(1), part, revised. THE ONTARIO CITATOR SERVICE — UPDATED TO DECEMBER 8, 1994 \ Statute Volumes M - O\ MUNICIPAL ACT\ R.S.O. 1990, Chap. M.45 \ PART XVII POWERS TO PASS BY-LAWS — ss. 207 to 257 \ NUISANCES, SIGNS, ETC. — ss. 134 to 150 Saving (h) No by-law passed under this paragraph, as it read on the 31st day of July, 1983, that prohibits or regulates signs or other advertising devices, applies so as to require a sign or advertising device that is lawfully erected or displayed on the 1st day of August, 1983, but that does not comply with the by-law, to be made to comply with the by-law or to be removed by the owner or the owner of the land on which it is situate, if the sign or advertising device is not substantially altered; and the maintenance and repair of the sign or advertising device or a change in the message displayed shall be deemed not in itself to constitute an alteration. 1983, c. 5, s. 1(2). THE ONTARIO CITATOR SERVICE — UPDATED TO DECEMBER 8, 1994 \Statute Volumes M - O \MUNICIPAL ACT\R.S.O. 1990, Chap. M.45 \ PART XVII POWERS TO PASS BY-LAWS — ss. 207 to 257 \ NUISANCES, SIGNS, ETC. — ss. 134 to 150 Idem (c)Canada Law Book Inc. 1995 (i) No by-law passed under this paragraph that prohibits or regulates signs or other advertising devices, applies to a sign or advertising device that is lawfully erected or displayed on the day the by-law comes into force, if the sign or advertising device is not substantially altered, and the maintenance and repair of the sign or advertising device or a change in the message displayed shall be deemed not in itself to constitute an alteration. 1983, c. 5, s. 1(3). THE ONTARIO CITATOR SERVICE -- UPDATED TO DECEMBER 8, 1994\ Statute Volumes M - O \ MUNICIPAL ACT\ R.S.O. 1990, Chap. M.45 \ PART XVII POWERS TO PASS BY-LAWS — ss. 207 to 257 \ NUISANCES, SIGNS, ETC. — ss. 134 to 150 Mobile sign lessors -- s. 147 THE ONTARIO CITATOR SERVICE -- UPDATED TO DECEMBER 8, 1994\ Statute Volumes M - O \ MUNICIPAL ACT\ R.S.O. 1990, Chap. M.45 \ PART XVII POWERS TO PASS BY-LAWS -- ss. 207 to 257 \ NUISANCES, SIGNS, ETC. -- ss. 134 to 150 \ Mobile sign lessors -- s. 147 147. For licensing, regulating and governing persons who carry on the business of leasing mobile signs. THE ONTARIO CITATOR SERVICE — UPDATED TO DECEMBER 8, 1994 \ Statute Volumes M - O \ MUNICIPAL ACT\ R.S.O. 1990, Chap. M.45 \ PART XVII POWERS TO PASS BY-LAWS -- ss. 207 to 257 \ NUISANCES, SIGNS, ETC. -- ss. 134 to 150 Definition (a) For the purpose of this paragraph, "mobile sign" does not include a sign attached to a vehicle where the principal use of the vehicle is the transportation of people, goods or other materials. (b) For the purpose of this paragraph, a person who, from a location outside the municipality, carries on the business of leasing mobile signs shall be deemed to be carrying on business in the municipality if the person locates or permits the location of mobile signs in the municipality. THE ONTARIO CITATOR SERVICE -- UPDATED TO DECEMBER 8, 1994 \ Statute Volumes M - 01 MUNICIPAL ACT\ R.S.O. 1990, Chap. M.45\ PART XVII POWERS TO PASS BY-LAWS — ss. 207 to 257 \ NUISANCES, SIGNS, ETC. -- ss. 134 to 150 \ Definition (a) For the purpose of this paragraph, "mobile sign" does not include a sign attached to a vehicle where the principal use of the vehicle is the transportation of people, goods or other materials. (b) For the purpose of this paragraph, a person who, from a location outside the municipality, carries on the business of leasing mobile signs shall be deemed to be carrying on business in the municipality if the person locates or permits the location of mobile signs in the municipality. 1983, c. 41, s. 1(3). (c)Canada Law Book Inc. 1995 THE ONTARIO CITATOR SERVICE -- UPDATED TO DECEMBER 8, 1994 \ Statute Volumes M - O\ MUNICIPAL ACT\ R.S.O. 1990, Chap. M.45 \ PART XVII POWERS TO PASS BY-LAWS — ss. 207 to 257 \ NUISANCES, SIGNS, ETC. -- ss. 134 to 150 Attaching of things to property of public utility -- s. 148 THE ONTARIO CITATOR SERVICE — UPDATED TO DECEMBER 8, 1994 \Statute Volumes M - 01 MUNICIPAL ACT\ R.S.O. 1990, Chap. M.45\ PART XVII POWERS TO PASS BY-LAWS — ss. 207 to 257 \ NUISANCES, SIGNS, ETC. -- ss. 134 to 150 \ Attaching of things to property of public utility -- s. 148 148. For prohibiting or regulating the nailing or otherwise attaching of anything or the causing of anything to be so nailed or otherwise attached to or upon any property managed and controlled by a public utility commission or of a local board as defined in clause (a) of paragraph 46 of section 207. THE ONTARIO CITATOR SERVICE — UPDATED TO DECEMBER 8, 1994 \ Statute Volumes M - O \ MUNICIPAL ACT\ R.S.O. 1990, Chap. M.45\ PART XVII POWERS TO PASS BY-LAWS -- ss. 207 to 257 \ NUISANCES, SIGNS, ETC. -- ss. 134 to 150 Pulling down of signs and notices -- s. 149 THE ONTARIO CITATOR SERVICE -- UPDATED TO DECEMBER 8, 1994 \ Statute Volumes M - O\MUNICIPAL ACT\ R.S.O. 1990, Chap. M.45 \ PART XVII POWERS TO PASS BY-LAWS -- ss. 207 to 257 \ NUISANCES, SIGNS, ETC. -- ss. 134 to 150 \ Pulling down of signs and notices -- s. 149 149. For prohibiting the pulling down or defacing of signs or other advertising devices and notices lawfully affixed. lc)Canada Law Book Inc. 1995 Definition (e) In clause (d), "employee" means an employee as defined in paragraph 46 of section 207. (f) Where an owner or occupant of property affected by a by-law passed under this paragraph has posted signs stating conditions on which a motor vehicle may be parked or left on the property or prohibiting the parking or leaving of a motor vehicle on the property, a motor vehicle parked or left on the property contrary to such conditions or prohibition shall be deemed to have been parked or left without consent. (g) If it is alleged in a proceeding that a by-law passed under this paragraph has been contravened, the oral or written evidence of a police officer, police cadet or municipal by-law enforcement officer is receivable in evidence as proof, in the absence of evidence to the contrary, of the facts stated therein in respect of, (i) the ownership or occupancy of the property, (ii) the absence of the consent of the owner or occupant, and (iii) whether any person is an occupant within the meaning of subclause (iv) of the definition of "occupant" set out in clause (i) or is an owner within the meaning of subclause (v) of the definition of "owner" set out in clause (i). (h) A document offered as evidence under clause (g) shall be admitted without notice under the Evidence Act. THE ONTARIO CITATOR SERVICE -- UPDATED TO DECEMBER 8, 1994 \ Statute Volumes M - O \ MUNICIPAL ACT\ RS.O. 1990, Chap. M.45 \ PART XVII POWERS TO PASS BY-LAWS -- ss. 207 to 257 \ HIGHWAYS AND SIDEWALKS -- ss. 105 to 133 Definitions (i) In this paragraph, lel Canada Law Book Inc. 1995 3.8.5. Location Restrictions 3.8.5.1. Obstructions not Permitted. No sign shall be located so as to obstruct openings required for light and ventilation, any required means of egress or required access for fire fighting in accordance with Sentence 3.2.5.4. (2) . 3.8.5.2. Clearance for Exterior Signs (1) No exterior sign shall be erected overhanging a sidewalk or other pedestrian walkway unless the vertical distance, measured from the bottom of the overhanging portion of the sign to the surface of the sidewalk, is at least 2.4 m (7 ft 10 in) . (2) Except as provided hereinafter, no sign face shall be erected within 600 mm (23-5/8 in) of the vehicular travelled portion of a private lane or roadway, or of a motor vehicle parking area unless the minimum vertical distance between grade and the bottom of the overhanging sign face is at least 4.25 m (13 ft 11 in) . (3) Where the height of all vehicles using any private road or parking area is permanently restricted, the vertical distance in Sentence (2) may be reduced to the amount of the actual height restriction, for as long as the said height restriction is in existence on the premises. 3.8.5.3. Reserved. 3.8.5.4. Reserved. 3.8.5.5. Reserved. NEWSLETTER 3.8.5.2. Exterior Sign Clearances The requirement of 2.4 m minimum clearance under exterior signs applies to private property. Clearances under signs on public properly may be subject to municipal zoning by-law requirements. 3.8.3. Structural Requirements 3.8.3.1. Structural Design. Except as provided herein, all sign structures shall be designed in accordance with Part 4. 3.8.3.2. Professional Design (1) A sign structure shall be designed by an architect or professional engineer where it is, (a) a ground sign which exceeds 7.5 m (24 ft 7 in) in height above the adjacent finished ground, (b) a projecting sign which weighs more than 115 kg (254 lb) , or (c) any one face of a roof sign which exceeds 10 m2 (108 ft1) . (2) A projecting sign shall not be attached or fastened in any manner to a parapet wall unless designed by an architect or professional engineer. Section 11.2 Building Systeme 11.2.1. Existing Building System 11.2.1.1. Alteration of Building System. Where an existing building system is altered, the performance level of the building after the alteration shall be at least equal to the performance level prior to the alteration. 11.2.1.2. Extension of Building System. Where an existing building system is extended, the extension shall comply with Subsection 11.2.2. 11.2.1.3. Structural Adequacy (1) Except as provided in Sentence (2) , where after proposed construction in all or part of an existing building, (a) the major occupancy will change to a different major occupancy, (b) the occupant load will increase by more than 15 per cent, or (c) the live load will increase due to change in use within the same major occupancy, the existing structural floor and roof framing systems and their supporting members after the construction shall be adequate to support the proposed dead loads and live loads. (2) Where the existing structural floor or roof framing system and its supporting members are inadequate to support the proposed dead loads and live loads, (a) the portion of the floor affected by the proposed loads is restricted to the loading it will support and signs stating the restrictions are posted, or (b) remedial measures are taken to support the proposed loads. (3) Except as provided in Subsection 11.2.4. , where substantially all existing interior walls or ceilings or floor assemblies or roof assemblies are removed in an existing building and new interior walls, ceilings, floor assemblies are installed in the building, their structural and fire-resistant elements shall be constructed in compliance with the requirements of the other parts of the Code. The Corporation of the Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell, Ontario By-Law 95-17 Being a By-Law to authorize the Reeve and the Administrator/Clerk-Treasurer to enter into a Land Lease Agreement with Regional Cable TV Systems WHEREAS the Municipal Act RSO 1990 c. M.45 Section 102 provides that every council may pass such by-laws and make such regulations for the health, safety, morality and welfare of the inhabitants of the municipality in matters not specifically provided for by this Act and for governing the conduct of its members as may be deemed expedient and are not contrary to law. AND WHEREAS the Council of the Corporation of the Village of Port Burwell deems it necessary to enter into a Land Lease Agreement, as amended, with Regional Cable TV Systems. The Council of the Village of Port Burwell hereby directs the Reeve and Administrator/Clerk- Treasurer to enter into the amended agreement, presented by Regional Cable TV Systems. Read a first and second time this 25th day of April, 1995. Reeve A .II A..inistrator/Clerk-Treasurer Read a third time and finally passed this 25th day of April, 1995. /..,. eeve — /••st A. ' ator/Clerk-Treasurer 1 CABLE TELEVISION HEADEND RIGHTS AGREEMENT THIS AGREEMENT made this 1st day of June 1994 A.D. BETWEEN: THE CORPORATION OF THE VILLAGE OF PORT BURWELL (hereinafter called the "Owner") OF THE FIRST PART - and - REGIONAL CABLE TV (CENTRAL) INC. (hereinafter call "Regional") OF THE SECOND PART WHEREAS the Owner owns or controls the lands and premises (hereinafter called the 'Premises") being municipally knows as THE CORPORATION OF THE VILLAGE OF PORT BURWELL in the village of Port Burwell in the province of ONTARIO. AND WHEREAS Regional desires to lease the 40 FT. BY 30FT.(1200 SQ.FT.) of above described land. Specifically the south east corner 40' X 30' in the PUC Yard on the corner of Victoria St. and Elizabeth St. NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the mutual covenants and agreements hereinafter contained, each of the parties hereto agrees with the other as follows: 1. The Owner grants Regional the right to install, maintain and relocate at Regional expense, Cables, amplifiers, towers, satellite antennae, off-air television and radio antennae, microwave antennae, head-end equipment, building and other apparatus as may be required to operate a cable television headend. 2. The Owner hereby grants Regional a lease for the above described property for development as Regional deems necessary to construct and operate a cable television headend. The manner of installation and location will be subject to prior discussio; and agreement between the owner and Regional, access to b by means of the existiI! lane only. O •! .(/ 3. In consideration thereof Regional agrees to pay e 0 ner 4t" hundred dollars) per year for the full term of this 5 year contract. 4. Regional shall provide at its cost such electrical power as Regional requires for the operation of the cable television headend. - 2 - 5. The Owner shall neither use, sell, rent, or lease, nor knowingly permit the use, by any other person, firm or corporation of Regional Headend or cable distribution system and shall not interfere, with Regional cables, installations, equipment or signals. Regional shall be responsible for the protection from tresspass or other interference of its equipment. 6. Regional agrees to perform its work in a good workmanship manner, and further agrees to indemnify and save the Owner harmless from any damages to persons or property caused by reason of this installation, or operation of the cable television headend, or the repair and maintenance thereof. Regional has and will continue to maintain a public liability insurance policy in respect of personal injury or property damage arising from the operation of the cable television headend. 7. This agreement shall become binding on the date thereof and shall continue for a period of five years. The effective date shall be june 1st, 1994 unless delayed by other factors. 8. In the event that elements beyond Regional's ability to judge or foresee cause this site to prove unsuitable for the uses for which it was intended, Regional reserves the right to cancel this agreement with the provision of six months notice. 9. All cables, installations and equipment installed by Regional on or to the Premises shall be removed upon termination of this Agreement and the Premises shall be restored to their original condition which existed prior to the commenement of this Agreement subject to reasonable wear and tear and damage. It is understood that all such equipment shall not become a "fixture" of the property but shall remain as a chattel of Regional. Any equipment not removed within 60 days of the termination of this agreement shall become the property of the Owner. 10. The Owner agrees that this Agreement shall run with the land and that it is not personal unto the Owner. In the event the Owner transfers or disposes of its interest in the property, the Owner shall require the transferee as a condition of transfer, to abide by this Agreement and shall notify Regional thereof. This agreement may not be assigned by Regional or any successor of Regional without written consent of the owner which consent may not be unreasonably withheld by the owner. 11 . This Agreement is subject to all Federal, Provincial, Municipal or any other laws, regulations or approvals which now or shall hereafter apply to Cable Television Communications Services. 12. This Agreement shall take effect and be binding on the parties hereto, their respective heirs, executors, administrators, successors and assigns and they further agree to execute any other instruments which may be necessary to carry out the purpose and intent of this Agreement. 13. Regional shall be free from all liability for inability on its part to carry out any of the obligations stipulated in this Agreement due to governmental intervention, strikes, labour disputes or any reason or cause whatsoever beyond the reasonable control of Regional. 14. This is for the occupancy of land only. The Owner makes no representation as to the suitability of the location or as to any laws or regulations which may govern the use of the location. - 3 - 15. Regional shall save harmless the Owner any cost, expense or other liability which may arise from Regional's occupancy at the land herein described regardless of the cause of such cost expense or liability. IN WITNESS WHEREOF the parties hereunto set their hands and seals. SIGNED, SEALED AND DEUVERED at (Ar6A Ey Ac /.e ,r / in the presence of: OWNER Per � c/s r? ame & Ti Per c/s /47 - Name & Title DATE 4.im‘Z zr /59r REGIONAL CABLE TV (Central) INC. &-iy/ _ c/s .1 LL DE 1-'5 //'/ .4 .1n4).s .c. Name & Title Perq^ 141. c/s RCCIAF i e . Name & Title DATE /fru.: OS//�1J • THE CORPORATION OF THE VILLAGE OF PORT BURWELL Post Office Box #10 21 Pitt Street Port Burwell, Ontario NOJ 1T0 BY-LAW 95-18 Being a By-law to amend bylaw 95-10 to authorize the municipality to enter into a licence agreement with the Jack & Norma Vince for the operation of a Food Stand on the East Beach. WHEREAS the Municipal Act, R.S.O., c. M.45, s. 236 (17) permits a municipality to charge a fixed fee license requiring transient traders and other persons who so offer goods, wares or merchandise for sale, and; NOW THEREFORE the Council of the Corporation of the Village of Port Burwell amends Sections 4.0 and 13.0 of the License Agreement as follows: 4.0 The Licensee shall pay to the Licensor the sum of Two Thousand Dollars for the term of the lease with half of the said amount due upon signing of this agreement and the reamaining to be paid on or before July 1, 1995. 13.0 The Licensor shall pay for the hydro consumption and the hydro connection will be at the expense of the Licensee and will not form part of this lease. The Licensor shall not be held responsible for any interuption in hydro service resulting from general maintenance or construction projects as scheduled. 1 Read a first and second time this 28th . .y of March, 1995. 7 ,, - af,A / / ,.. ..., .1/, Reeve . • . ,!: .=trator/Clerk-Treasurer Read a third time and finally passed this 28th clay of March, 1995. R - -1dZZeil4r/it/eevet IL Apr • ,.Ii•I•:trator/Clerk-Treasurer 2 Village of Port Burwell PO Box 10 Port Burwell ON NOJ 1T0 BY-LAW 95-19 Being a by-law to provide for the management, control, regulation, maintenance and usage of all facilities, monuments and properties owned or leased by the Village of Port Burwell for Historical Preservation purposes; and a By-law to authorize the carrying on of a Community programme of Historical Preservation within meaning and regulations of the Ministry of Recreation, Culture and Tourism. WHEREAS the carrying on of an organized programme of Museum activities and the provision of services to provide for the preservation of local heritage and articles of significant historical value is conducive to the well-being of a community and to the advantage of its inhabitants, both collectively and individually, and; WHEREAS the Council of the Corporation of the Village of Port Burwell is authorized to carry on such a programme and to place the same in charge of a Museum Committee, and; WHEREAS the Council is empowered to manage, control, regulate and maintain the use of all facilities, artifacts and properties, and; WHEREAS it is deemed desirable the facilities, museum and properties be maintained and controlled for the enjoyment and benefit of the citizens of the Village; NOW THEREFORE the Council of the Corporation of the Village of Port Burwell enacts as follows: 1. In this By-law: a) "Council" means the elected Council of the Corporation of the Village of Port Burwell b) "Village" means the Corporation of the Village of Port Burwell c) "Chairman" means the Chairman of the Museum Committee as appointed by the Committee. 1 • d) "Vice Chairman" means the Vice Chairman of the Museum Committee as appointed by the Committee. e) "Department" means the Parks, Recreation, Culture&Tourism Department • of the Village of Port Burwell . f) "Director" means Director of the Parks, Recreation, Culture & Tourism Department or the delegate thereof. g) "Properties"means any and all buildings, structures, equipment, trees, shrubs, horticultural display, benches, walkways, tennis courts, arenas, rinks, docks, launching ramps, pools, waste disposal containers, playground apparatus, shelters, washrooms, fencing, lighting, parking areas or other such properties that may be placed or erected on Village of Port Burwell parklands; h) "Posted Area"means any area that is posted by sign, notice or other device for a specific area purpose or to restrict certain activities in or on Village parklands under the authority of this by-law. • i) "Parking Area" means an area that is physically laid out and/or improved for the purpose of Area parking vehicles or that is designated by an official sign for such purpose in or on a Village parkland. j) "Museum" k) "Lighthouse" 2. There is hereby authorized and established for the municipality a community programme of Culture and Tourism which includes cultural, physical, multicultural and social activities within the meaning of the regulations set out under the Ministry of Recreation Culture and Tourism and the same shall be carried on for the well-being of the community and for the use, benefits and advantage of the inhabitants. 3. The community programme of Historical &Cultural Preservation shall be conducted by a Parks, Recreation, Culture & Tourism Director who shall be advised and directed by the Museum Committee, hereby referred to as"the Committee". The said Committee shall assist the Director in formulating direction and policies for and relating to the administration of the Museum, Lighthouse and artifacts. The Committee shall also oversee the Director's fulfilment of his job responsibilities. a) The Committee shall be composed of a number of persons not to exceed 15. The Committee shall be residents of the municipality and representative of those centres of activity in the community whose thought and assistance will 2 give heed to the benefits to be obtained by the Committee. One (1) member of the Committee shall be an elected member of the Council. 9 b) The Reeve shall be ex-officio as a member of the Committee. 4. The Committee shall be appointed by, and the terms of office of its members shall be established by the Council. The members of the Committee who are not members of a Municipal Council shall hold office for three (3) years, and may be reappointed at the end of a three year appointment, provided that on the first appointment the Council, from among such members shall designate members who shall hold office; a) until the 1st day of June of the year following the date of appointment; b) until the 1st day of June or the second year following the date of appointment; c) until the 1st day of June of the third year following the date of appointment respectively, and the members of the Committee who are members of Council shall be appointed for three (3) year terms. 5. While conducting in the Municipality the community programme of museum activities within the meaning of the regulations of the Ministry Recreation, Culture and Tourism and without limiting the generality of the foregoing, the Committee shall: a) Elect a chairman and vice chairman annually from among its members, and other such officers as may be required. b) Enact the by-laws as passed by Council for its own government and make rules and regulations for the proper conduct of its programmes. All regulations of the Committee shall be subject to the approval of Municipal Council. c) Hold regular monthly meetings at designated locations accessible and open to the public. d) At any meetings of the Committee, have a quorum which shall consist of a minimum of five members. e) Have an agenda and material for review sent to each member three (3) days prior to monthly meetings and also a departmental financial statement when available for the Committee's perusal. 3 f) Pass formal sets of minutes and resolutions that shall be brought before Council to become officially approved. Copies of these minutes shall be available to the public. g) Submit to Council, through the Director or the delegate thereof, an annual report of its activities and such other reports as may be required from time to time. h) Recommend to Council for any hiring or discharge of a Director whose duties shall he established by the Council in consultation with the Committee. i) Through the Committee Chairman, advise the Director on personnel who are not fulfilling job responsibilities. j) In assistance with the Director, develop a yearly budget and maintain control of it through the review of financial statements at monthly meetings. The budget shall be brought before Council by the Director for discussion and approval. lz) Be authorized to work jointly with other municipal services in establishing, operating, and maintaining a supervised public museum system of facilities and activities. 1) When advisable, appoint area museum committees and the Committee shall provide such services as it deems necessary to assist these area committees in carrying on their activities. m) Appoint as it deems necessary, such adhoc committees to act in an advisory capacity to the Committee. n) Be expected to maintain an efficient relationship with the Director to promote maximum recreation, culture and tourism opportunities while establishing good business practices and sound financial management. o) Act as a lobby group when necessary to promote various new programmes that it feels are an improvement and important to the community's recreational opportunities. p) Encourage comments, attitudes, and concerns from the general populace to be brought up for discussion within Committee meeting formats. 4 • q) Solicit and/or receive gifts or bequests of money or any donations to be applied in furtherance of the community programme of recreation hereby established. r) Prescribe fees for participation in, or admittance to, any part of the museum programme. s) Incur expenditures to the extent provided in the annual approved budget or as approved by Council in accordance to purchasing policies of the Village. t) Undertake all such other lawful things as are incidental or conducive to the achievement of its objectives. 6. No debt or obligation shall be incurred by the said Committee unless duly authorized by resolution of the Council. 7. In carrying out the provisions of this By-law, the Committee shall at all times be the agent for the Village of Port Burwell and while acting bona fide within the limits of the authority of this By-law, neither the Committee nor any member thereof shall incur any liability by reason of anything done or left undone by the Committee; provided however, that nothing in this paragraph contained shall authorize or empower the Committee to incur any debt, liability or obligation for which the Village of Port Burwell shall become liable without having previously obtained the consent of the Council of the Village of Port Burwell. 8. It shall be the duty and responsibility of the Chairman or, in his absence, Vice Chairman, to: 8.1 Advise the Director in regards to controls, regulations, maintenance, development, and usage of all facilities, artifacts, and properties; and the employment and performance of departmental personnel. 8.2 As required, recommend to the Director any revisions, additions, or amendments to the by-law for improvement to the management, control, regulations, maintenance and usage of facilities, parklands and properties. 8.3 Be responsible for the duties as stated in this by-law for the following parklands; Museum, Lighthouse, and additional facilities and articles of historical significance as designated by Council shall he contained in Schedule "B" attached hereto. 8.4 Assign sub-committee responsibilities on a yearly basis. 8.5 Liaison with the Horticultural Society, the Parks and Recreation Committee 5 and the Business &Tourist Association. 8.6 In consultation with the Director, recommend the suspension of a Committee member for excessive absenteeism. The Chairman with the majority support of the Committee shall advise Council re: absent members, and where necessary, recommend to Council that appointments to the Committee be terminated due to members' attendance. 9. The amount of payment for Committee members shall be established by Council and based on monthly meetings and/or subcommittee meetings. Members absent from all Committee activities for a period of five consecutive months shall forfeit all payments for said period. Members absent from more than three meetings during the yearly term shall forfeit payments for all additional missed meetings. 10. The Committee Vice Chairman shall take on all Chairman responsibilities in the absence of the Chairman. 11. In the absence of the Director within the context of this bylaw the Administrator/Clerk- Treasurer or a delegate thereof shall assume the responsibilities. 12. It shall be an offence for any person or persons to do any of the acts hereinafter specified within the limits of Village museum and properties: a) To damage, destroy, injure, deface, tear up, damage to burn, dig, or mark any portion of museum lands and properties or any properties erected, installed or contained on properties. b) To dump, deposit or leave any refuse, garbage, garbage waste, paper, soil, sod, plants or any other debris type of domestic or industrial waste on or in the Museum or properties contained therein except in receptacles that may be provided for such purpose. c) To kill, maim or in any way molest or disturb any animal, bird or water fowl that is enclosed or to Animals whose habitat is on Museum land or Village properties. d) To lead, carry or otherwise take any animal upon or into the Museum, Lighthouse or properties other than designated areas. e) To conduct or participate in activities in areas that are designed specifically as historical, horticultural and landscaped sites, passive and sitting areas and facilities for young children. • 6 f) To enter a "posted area" that is designated "no admittance" or "no trespassing". g) To contravene any posted rules and regulations relating to the operation of the Museum, Lighthouse or other Municipal properties. h) To conduct oneself in a manner that is detrimental to the safety and enjoyment of others using facilities, Museum, Lighthouse and properties. 13. It shall be an offence for any person or persons to do any of the acts hereinafter specified in this section within Museum, Lighthouse and properties without receiving prior written permission from the Recreation Director. The Recreation Director, Chairman or his designate, Committee is hereby authorized by Council to accept applications for and Authority Conduct issue any permits or written permission from the Council. a) To remove from parklands or properties any wood, turf, grass and other vegetation, soil, rocks, sand, gravel, dew worms or any form of equipment. b) To lead or bring animals of any nature into a Village facility or property, except as provided in 13(e) of this by-law. c) To conduct public meetings, gatherings, speeches, lectures, carnivals, festivals, large picnics, organized cultural events or other Animals on Properties such events which involve a large number of people. d) To operate or use any apparatus, mechanism device for the amplification of the human voice, music or other sound. e) To cause or create any unnecessary noise or disturbance that contravenes any Noise By-laws of the Village of Port Burwell in Village parkland or properties any time between the hours of 11:00 p.m. and 8:00 a.m. f) To turn on or tamper with any lighting control boxes for facilities or any equipment relative to parkland properties unless otherwise authorized. g) To distribute any handbills to post, place or erect any bills, notices, advertising device or matter of any kind or parklands or properties. h) To sell, offer or expose for sale for immediate or future delivery any; i) food, drink or refreshment; ii) goods, ware or merchandise; 7 iii) art, skill, service or work. i) To build or use a fire for any purpose without Fires receiving prior written permission from the Fire Departlnent, the Director or the Administrator/Clerk-Treasurer. It shall also be an offence if any person or persons do not completely extinguish said fire when not in attendance. j) To carry or discharge any firearms, fire crackers, rockets, arrow, air guns, k) i) To drive or operate: 1. Any vehicle, motorized vehicle or Vehicular motorized snow vehicle on any Village Museum lands or properties unless the said vehicle, motorized vehicle or motorized snow vehicle is licensed for use on public highways in Ontario or unless the vehicle, motorized vehicle or motorized snow vehicle is operated in an area specifically designated for use by that type of vehicle, motorized vehicle or motorized snow vehicle. 2. Any vehicle, motorized vehicle or motorized snow vehicle on public parkland roadways and parking areas operating in excess of 25 kilometres per hour or so as to interfere with or endanger any person in said parklands. 3. Any vehicle, motorized vehicle or motorized snow vehicle within a Village park or in or on any Village parkland or properties except upon roadways, parking areas and other areas intended for public use. ii To drive or operate vehicles such as snowmobiles, mini bikes or any other Recreational Vehicles motorized recreational vehicles upon any parklands with the exception of areas that are posted and designated for such purposes. iii) To park or leave standing: • 1. Any vehicle, motorized vehicle or Parking motorized snow vehicle on parkland property other than on areas posted or designated for parking; 8 2. Any vehicle, motorized vehicle or motorized snow vehicle in front of a public building, emergency exits, walkway entrances or in any way that will obstruct the normal flow of traffic on a public park roadway or parking lot. 3. Any vehicle, motorized vehicle or Parking motorized snow vehicle for more than the Limit time specified on an official sign and in any event not for a longer period than three (3) hours between the hours of 12:01 o'clock a.m. and 8:00 o'clock a.m. of the same day. 4. Any vehicle, motorized vehicle or motorized snow vehicle discovered in contravention of this subsection shall be towed away and stored at the owner's expense. 14. The Council and organizations operating under its auspices may apply for and may he granted an annual permit which shall be deemed to cover all of its activities and programmes that may be undertaken in and on parklands and properties and shall be deemed to be written permission under this by-law for its activities where required by the by-law. 15. Every person who contravenes any of the provisions Penalty of this by-law is guilty of an offence and is liable, on summary conviction, to a penalty not exceeding One Thousand Dollars ($1,000.00) exclusive of costs for each such offence. 16. All by-laws, parts of by-laws or amendments passed by the Council of the Village of Port Burwell which are inconsistent with the provisions of this by-law are hereby repealed. This bylaw comes into force and effect on the date it receives final approval. 9 • Read a first and second time this 23th day of May, 1995. ,t .1' Reeve Adminis ator/Clerl-Treasurer Read a third and fin. ime this 23th day of May, 1995. Aur. Aidhr. R- e a istrator/Clerk-Treasurer 10 cc OF PORT 806, P� THE CORPORATION OF THE SS F VILLAGE OF PORT BURWELL P. O. Box 10, Port Burwell,Ontario NOJ ITO telephone (519) 874-4343 • fax (519) 874-4948 !..,=11ftek --flinvisbadno PORTUS REFUG\UM Memo Date: May 17, 1995 To: Council From: D. Free Re: Bylaw 95-19 Council: Pursuant to Councillor Masons detailed attached request with regard to the above said, the amendments have been made with exception to the Additions. These are addressed on a point by point basis as follows; 1. Advisory Committees are not a decision making entity in any municipal structure that I am aware of. The Municipal Act gives the authority to Council only to pass bylaws and have bylaws enacted by staff (Part VI of the Municipal Act). Typically Committees are not appraised of the bigger picture, associated liability for their actions, or a structure which any corporation operates. This is further reflected in general corporate practices. Corporations allow for the formation of unions and committees considering specific issues. These issues are brought to the attention of management assessed not only for the special interest but for their compliance with Legislation and the profitable operations of the company. At no time is the decision of any committee considered to be final. Having a number of decision making bodies has in the past created controversy and chaos. This should be avoided at all costs. David R. Free, CET, AMCT(A) • Administrator/Clerk-Treasurer 2. Any Committee's mandate is to support council and advise only with respect to policy requirements as permitted by provincial and federal legislation. The bylaw is specific if the committee wishes to expand for consideration of council on other issues, a proposal should be submitted apart from the bylaw. Insofar as building and maintenance activities are concerned the municipal facilities are the responsibility of the municipal corporation. 3. A future curator would be a council/staff issue of which committees are advisors to council in this matter. Should a curator be proposed this should be done in the future. I would suggest however, a curator is very low on the staff requirements of the municipality and I would further suggest there are more impending requirements (supported by the recreation study) in the area of tourism and recreation. 4. A statement of purpose is included in the bylaw if the committee requires a more defined mission statement policies for the committee can be developed and considered by council. Insofar as replacing the Recreation Director with Museum Director is concerned, Director should be sufficient to ensure the integrity of the bylaw. The Recreation Director was typographical error and should not be considered to be anything further. In summary Council must be very cautious not to allow committees to perceive greater direct power than permitted by legislation. The power of any committee is reflected in decisions which are sound and supported not only by membership but logic and standard practices, Council will subsequently adopt these decisions. To incorporate decision making authority is providing the ground work for the future of controversy. I would suggest that council consult with their"Municipal World" magazines in this matter. Committees by their mandate a form of a"special interest group" of which must be regulated in order that their influence does not over power the mandate of the community or the"bigger picture". David Free I�F 2 g r Che.r,T ,Wade. L, = any_ oc* -4-cbe mak_ 5, ^ , ( �-- r-- Ca-C- = tunliorkakk- MUSEUM BY-LAW Suggested Amendments and Additions - i Delete Parks and Recreation. ✓ t5; Delete administration of community programmes, Facilities and parkland. Replace with administration of the museum, lightouse and artifacts. 40, delete 8 persons, replace with 15 persons maximun '. There is no 4 " At the end of a three year appointment, members may be reappointed. 5. a) b) c) January is not a convenient month to make appointments' because of the seasonal members . I would suggest June Delete one-third of such members shall retire each year. We can' t afford this changeover. Attrition introduces new blood. AN Replace recreational activities with museum activities 6. ,g) replace Recreation Director with Museum Directorr;)e -`r . )" Replace Director with C .A.O . or Clerk-Administrator 44replace recreation system with plublic msuem facilities and activiti : :$. replace recreation committees with museum committees . 6.n) replace recreation with museum 10,0 replace community programme of recreation with museum programme. 9.2 replace Director with C .A.O . . Eliminate parlands . 9 .5 replace Director with C .A.O. and Council We must consider seasonal members who might miss 5 meetings in a row. 11010.'eliminate all reference to recreation replace Recrntion with ""useum Director AA Addi-ti ons: 1 . Confirm that the museum committe is a dicision making and x action forming committee. 2. A need to define specific responsibilities and expectations between Village administration and Museum Committee. Example - major repairs to buildings, major cleaning etc. 3. Can the By-Law allow for future implementation of a curator? 4. A Statement of Purpose. Relating policies can be attached late . elegad Village of Port Burwell 9 e-6' J17 Post Office Box.#10 • 21 Pitt Street Port Burwell, Ontario NOJ 1T0 BY-LAW 95-20 Being a by-law to establish a procedure governing the sale of real property. WHEREAS, the Municipal Act, RSO 1990, s. 193 p. 2 requires that every Council with authority to sell or otherwise dispose of real property shall by by-law establish procedures governing the sale of real property; and WHEREAS, the by-law must include a provision that Council shall officially declare, by resolution, the real property to be surplus; and WHEREAS, the by-law must include a provision that Council shall obtain at least one appraisal of the fair marlzet value of the real property; and WHEREAS, the by-law must include a provision that Council shall give notice to the public of the proposed sale; and WHEREAS, the by-law could include a provision authorizing different procedures for different classes of real property; and WHEREAS, the Minister, by regulations, has prescribed appraisal is not required; and • NOW THEREFORE, the Municipal Council of the Corporation of the Village of Port Burwell enacts as follows: 1. Council shall, at any time, by resolution, declare any of its real property to be surplus to the needs of the Village of Port Burwell and shall authorize the Committee responsible to talze action as described in Schedule"A" attached hereto. 2. This by-law and Schedule"A" shall apply to all classes of land owned by the Village, save and except: 1 S a) classes of land described under Section 210.1 of the Municipal Act; and; b) surplus land acquired for road widening. which classes shall be subject to their own specific procedures. Read a first a • -econd ti• e this 13t day of June, 1995. /4 R,- e • •mi trator/Clerk-Treasurer Read a third and fin. 'me this 1 • day of June 1995. �I�fi _ �J►L�i�; Admit./trator/Clerk-Treasurer 2 Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell, Ontario NOJ 1T0 BY-LAW 97-35 Being a by-law to amend by-law 95-20 being a by-law to establish a procedure governing the sale of real property. WHEREAS the Municipal Act, RSO 1990, s. 193 p. 2 requires that every Council with authority to sell or otherwise dispose of real property shall by by-law establish procedures governing the sale of real property; and WHEREAS the Council of the Village of Port Burwell wishes to pursue alternative methods of selling municipal property; NOW THEREFORE, the Municipal Council of the Corporation of the Village of Port Burwell amends by-law 95-20 by replacing the original Schedule "A" with the attached Schedule "A". Read a first and second 'me this 23th day of September, 1997. _ _ - .; Reev: �iI i C Lt./ Cler- Read a third a. final time this 23th day of September 1997. A,. i - _ha Ree • V Clerk Schedule "A" By-Law 95-20 Procedure - Sale of Real Property 1. Obtain approval from any other agencies involved, if necessary. 2. Obtain a survey of the real property proposed to be disposed of from an independent surveyor in accordance with the laws of the Province of Ontario if deemed appropriate. 3. Obtain an appraisal of the real property proposed to be disposed of from an independent qualified appraiser who shall: i) be a registered member in good standing of the Appraisal Institute of Canada, ii) not be directly connected with any real estate brokerage firm, ie a real estate agent, and iii) conduct business primarily in or near the local municipality where the proposed property to be disposed of is located. 4. Should the method be to sell the property by tender or request for quotations: i) costs incurred or required to dispose of the proposed real property including legal fees, survey, appraisal, encumbrances, advertising, improvement etc. shall be established ii) an estimated bid amount shall be established which shall be based upon the appraised value and shall be increased to include the amount of the costs referred to in clause 4(i) above iii) an advertisement shall be placed in local newspapers having general circulation in the Village of Port Burwell and which are intended to provide coverage throughout the entire geographic area of the Village of Port Burwell. Advertisements in the newspapers outside the Village of Port Burwell shall be at the discretion of Council. The advertisement shall include a brief description of the property, including a small location sketch and shall specify the dates involved with the sale. iv) the tender or quotation documents shall be submitted to the Village Administrator/Clerk-Treasurer and shall include the statement that "the highest or any offer may not necessarily be accepted" v) the newspaper advertisement shall provide a minimum of three full calendar weeks from the time it appears in the newspaper until the final sale is recommended to Council. 5. Should the method be to engage a real estate firm or broker: i) an appropriate advertisement shall be placed in a newspaper having general circulation in the area where the property is located. Advertisements in any other newspapers shall be at the discretion of the Council. The advertisement shall include a brief description of the property, including a small location sketch. ii) the Offers to Purchase shall be submitted to the Clerk on behalf of Council. iii) the Council shall determine by request for quotations the real estate commission payable by the municipality. 6. Should an alternative method be determined by Council: i) an appropriate advertisement shall be placed in a newspaper having general circulation in the area where the property is located. Advertisements in any other newspapers shall be at the discretion of the Council. The advertisement shall include a brief description of the property, including a small location sketch. ii) the Offers to Purchase shall be submitted to the Clerk on behalf of Council. 7. After issuing a public notice as required in the Act, Council may offer the surplus property to the abutting land owner. Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell, Ontario NOJ 1T0 Resolution 970923-11 September 23, 1997 MOVED BY: ". 1. SECONDED BY: ll° ' / — — BE IT RESOLVED, the Council of the Village of Port Burwell hereby declares the vacant lands at the corner of County Roads 42 &39, being Plan 12, Part Lot 11, being 1.36 acres in size as surplus lands. CARRIED: • Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell, Ontario N0J 1TO Resolution 970923-12 September 23, 1997 MOVED BY: SECONDED BY: .4°F WHEREAS the Council of the Village of Port Burwell has declared the lands located at the corner of County Roads 42 & 39, being Plan 12, Part Lot 11, being 1.36 acres in size as being surplus lands; and, WHEREAS the Council of the Village of Port Burwell has decided to sell these lands. THEREFORE the Council of the Village of Port Burwell hereby directs the Acting Clerk to undertake the real estate option according to Schedule "A" of By-Law 95-20. CARRIED: / , , I) (2 VILLAGE OF VIENNA RY-JAW NO.95-05 BEING A BY-LAW TO ESTABLISH A PROCEDURE GOVERNING THE SALE OF REAL PROPERTY WHEREAS the Planning and Municipal Statute Law Amendment Act, 1994, requires that every Council with Authority to sell or otherwise dispose of real property shall by by-law establish procedures governing the sale of real property;and WHEREAS the by-law must include a provision that Council shall officially declare,by resolution,the real property to be surplus;and WHEREAS the by-law must include a provision that Council shall obtain at least one appraisal of the fair market value of the real property;and WHEREAS the by-law must include a provision that Council shall give notice to the public of the proposed sale;and WHEREAS the by-law could include a provision authorizing different procedures for different classes of real property;and WHEREAS the Minister,by regulations,has prescribed classes of real property and certain public bodies for which an appraisal is not required;and NOW THEREFORE,the Municipal Council of the Corporation of the Village of Vienna enacts as follows: 1. Council shall at any time,by resolution,declare any of its real property to be surplus to the needs of the Village and shall be authorized to take action as described in Schedule"l"attached hereto. 2. This by-law and Schedule"1"shall apply to all classes of land owned by the Village,save and except: a) classes of land numbered 1,3,4,5 and 8 described in Regulation 815/94, and b) classes of land described under Section 210.1 of the Municipal Act;and c) surplus land acquired for road widening which classes shall be subject to their own specific procedures. READ A FIRST,SECOND AND THIRD TIME AND FINALLY PASSED THIS 18TH DAY OF JULY,1995 REEVE 4.0.11 CLERK WHI SCHEDULE"1" BY-LAW NO 95-05 PROCEDURE-SALE OFREAL PROPERTY 1. Obtain approval from any other agencies involved,if necessary. 2. Obtain an appraisal of the real property proposed to be disposed of from an independent qualified appraiser who shall: i) be a registered member in good standing of the Appraisal Institute of Canada, ii) not be directly connected with any real estate brokerage firm,i.e.a real estate agent,and iii) conduct business primarily in or near the local municipality where the proposed property to be disposed of is located. 4. Sho•:Id the method be to sell the property by tender or request for quotations: i) costs incurred or required to dispose of the proposed real property including legal fees,survey,appraisal,encumbrances,advertising, improvement,etc.shall be established ii) an estimate bid amount shall be established which shall be based on the appraisal value and shall be increased to include the amounts of the costs referred to in clause 4(i)above iii) an advertisement shall be placed in local newspapers having general circulation in the area,and which are intended to provide coverage throughout the entire geographic area of Vienna. Advertisement in newspapers outside the local area of the Village of Vienna shall be at the discretion of the Council. The advertisement shall include a brief description of the property,including a small location sketch and shall specify the dates involved with the sale. iv) the tender or quotation documents shall be submitted to the Village Clerk and shall include the statement that"the highest or any offer may not necessarily be accepted";and after issuing a public notice as required in the Act,Council may offer the surplus property to the abutting land owner. • Ontario Regulation $13/94 REGULATION MADE UNDER TST. Tiled: December 21, 1914 MUNICIPAL ACT Effective: January 1, 1995 DISPOSAL OF PROPERTY • 1. A municipality or local board may sell the following classes of real property without obtaining an appraisal under subsection 193 (4) of the Act: 1. Land 0.3 metres or less in width acquired in connection with an approval or decision under the Planning Act. 2. Highways, roads and road allowances. 3. Land formerly used for railway branch lines if sold to an owner of land abutting the former railway land. 4. Land that does not have direct access to a highway if • sold to the owner of land abutting that land. 5. Land repurchased by an owner in accordance with section 42 of the Expropriations Act. 6. Land to be used for sites for the establishment and carrying on of industries and of industrial operations and incidental uses. 7. Land sold under sections 112, 112.1, 112.2 and 113 of the Municipal Act. 8. Easements granted to public utilities or to telephone companies. 9. /Led sold under the Mut13,cSp • ��!'�x lsiesc `� 2. A municipality or local board may sell real property to the following classes of public bodies without obtaining an appraisal under subsection 193 (4) of the Act: • 1. Any municipality, including a metropolitan, regional or district municipality and the County of Oxford. 2. A local board as •defined in the Municipal Affairs Act. 3. An authority under the Conservation Authorities Act, 4. The Crown in Right of Ontario or of Canada and their agencies. 3. A municipality or local board is not required to list the following classes of real property in the public register established under subsection 193 (7) of the Act: 1. Land 0.3 metres or less in width acquired in connection with an approval or decision under the Planning Act. 2. All highways, roads and road allowances, whether or not opened, unopened, closed or stopped up. 3 . Land formerly used for railway branch lines. 4. This Regulation comes into force on the day that section 55 of the Planning and Municipal Statute Law Amendment Act, 1994 comes into force. • Minister of Municip Affairs CERTIFICATE 07 COMPLIANCE FORM FOR USE WITH SECTION 193 OF THE MUNICIPAL ACT Certificate of Compliance with section 193 of the Nuniciaal Act in the sale or disposition of the real property described as: (Description may be attached) I hereby certify that: 1. The Municipality passed By-lav (# if applicable) on (date) It is a procedural by-law for the purposes of the sale or other disposition of real property and vas in force on the date of the sale or disposition of the property described above. • Delete if 2. The property was declared surplus under By-law or not Resolution enacted or applicable (# if applicable) passed on (date) Delete if 3. An appraisal of the fair market value of the not property was obtained on applicable (date) Delete if 4. The property sale or disposition is exempt from not the requirement to obtain an appraisal of its fair applicable market value under the following exemption: Delete if 5. Public notice of intent to sell or dispose of the not property was given by the following method(s) applicable [describe method(s) ) on the following date(s) (Signature of clerk or administrative (Date) head) FORM APPROVED DECEMBER 20, 1994 a,1_61 la-41 ?y,/ / -03 9JA7 1 61 r Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell, Ontario NOJ 1T0 BY-LAW 97-35 Being a by-law to amend by-law 95-20 being a by-law to establish a procedure governing the sale of real property. WHEREAS the Municipal Act, RSO 1990, s. 193 p. 2 requires that every Council with authority to sell or otherwise dispose of real property shall by by-law establish procedures governing the sale of real property; and WHEREAS the Council of the Village of Port Burwell wishes to pursue alternative methods of selling municipal property; NOW THEREFORE, the Municipal Council of the Corporation of the Village of Port Burwell amends by-law 95-20 by replacing the original Schedule "A" with the attached Schedule "A". Read a first and second "me this 23th day of September, 1997. N1 Au OA / /././'kr Reev: Cler- Read a third a. : final time this 23th day of September 1997. 414 i - / .Ad Ree 94da..i-di Clerk Schedule "A" By-Law 95-20 Procedure - Sale of Real Property 1. Obtain approval from any other agencies involved, if necessary. 2. Obtain a survey of the real property proposed to be disposed of from an independent surveyor in accordance with the laws of the Province of Ontario if deemed appropriate. 3. Obtain an appraisal of the real property proposed to be disposed of from an independent qualified appraiser who shall: i) be a registered member in good standing of the Appraisal Institute of Canada, ii) not be directly connected with any real estate brokerage firm, ie a real estate agent, and iii) conduct business primarily in or near the local municipality where the proposed property to be disposed of is located. 4. Should the method be to sell the property by tender or request for quotations: i) costs incurred or required to dispose of the proposed real property including legal fees, survey, appraisal, encumbrances, advertising, improvement etc. shall be established ii) an estimated bid amount shall be established which shall be based upon the appraised value and shall be increased to include the amount of the costs referred to in clause 4(i) above iii) an advertisement shall be placed in local newspapers having general circulation in the Village of Port Burwell and which are intended to provide coverage throughout the entire geographic area of the Village of Port Burwell. Advertisements in the newspapers outside the Village of Port Burwell shall be at the discretion of Council. The advertisement shall include a brief description of the property, including a small location sketch and shall specify the dates involved with the sale. iv) the tender or quotation documents shall be submitted to the Village Administrator/Clerk-Treasurer and shall include the statement that "the highest or any offer may not necessarily be accepted" v) the newspaper advertisement shall provide a minimum of three full calendar weeks from the time it appears in the newspaper until the final sale is recommended to Council. 5. Should the method be to engage a real estate firm or broker: i) an appropriate advertisement shall be placed in a newspaper having general circulation in the area where the property is located. Advertisements in any other newspapers shall be at the discretion of the Council. The advertisement shall include a brief description of the property, including a small location sketch. ii) the Offers to Purchase shall be submitted to the Clerk on behalf of Council. iii) the Council shall determine by request for quotations the real estate commission payable by the municipality. 6. Should an alternative method be determined by Council: i) an appropriate advertisement shall be placed in a newspaper having general circulation in the area where the property is located. Advertisements in any other newspapers shall be at the discretion of the Council. The advertisement shall include a brief description of the property, including a small location sketch. ii) the Offers to Purchase shall be submitted to the Clerk on behalf of Council. 7. After issuing a public notice as required in the Act, Council may offer the surplus property to the abutting land owner. Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell, Ontario NOJ 1T0 BY-LAW 95-20 Being a by-law to establish a procedure governing the sale of real property. WHEREAS, the Municipal Act, RSO 1990, s. 193 p. 2 requires that every Council with authority to sell or otherwise dispose of real property shall by by-law establish procedures governing the sale of real property; and WHEREAS, the by-law must include a provision that Council shall officially declare, by resolution, the real property to be surplus; and WHEREAS, the by-law must include a provision that Council shall obtain at least one appraisal of the fair market value of the real property; and WHEREAS, the by-law must include a provision that Council shall give notice to the public of the proposed sale; and WHEREAS, the by-law could include a provision authorizing different procedures for different classes of real property; and WHEREAS, the Minister, by regulations, has prescribed appraisal is not required; and NOW THEREFORE, the Municipal Council of the Corporation of the Village of Port Burwell enacts as follows: 1. Council shall, at any time, by resolution, declare any of its real property to be surplus to the needs of the Village of Port Burwell and shall authorize the Committee responsible to take action as described in Schedule "A" attached hereto. 2. This by-law and Schedule "A" shall apply to all classes of land owned by the Village, save and except: 1 a) classes of land described under Section 210.1 of the Municipal Act; and; b) surplus land acquired for road widening. which classes shall be subject to their own specific procedures. Read a first a. • .econd t'. e this 13 day of June, 1995. '4 R, e .4.1 mi. trator/Cleriz-Treasurer Read a third and fin. 'me this 1 • clay of June 1995. Addfr:f4" R-- ..0119 • • s trator/Clerk-Treasurer 2 Schedule "A" By-Law 95-20 Procedure - Sale of Real Property 1. Obtain approval from any other agencies involved, if necessary. 2. Obtain a survey of the real property proposed to be disposed of from an independent surveyor in accordance with the laws of the Province of Ontario if deemed appropriate. 3. Obtain an appraisal of the real property proposed to be disposed of from an independent qualified appraiser who shall: i) be a registered member in good standing of the Appraisal Institute of Canada, ii) not be directly connected with any real estate brokerage firm, ie a real estate agent, and iii) conduct business primarily in or near the local municipality where the proposed property to be disposed of is located. 4. Should the method be to sell the property by tender or request for quotations: i) costs incurred or required to dispose of the proposed real property including legal fees, survey, appraisal, encumbrances, advertising, improvement etc. shall be established ii) an estimated bid amount shall be established which shall be based upon the appraised value and shall be increased to include the amount of the costs referred to in clause 4(i) above iii) an advertisement shall be placed in local newspapers having general circulation in the Village of Port Burwell and which are intended to provide coverage throughout the entire geographic area of the Village of Port Burwell. Advertisements in the newspapers outside the Village of Port Burwell shall be at the discretion of Council. The advertisement shall include a brief description of the property, including a small location sketch and shall specify the dates involved with the sale. 3 iv) the tender or quotation documents shall be submitted to the Village Administrator/Clerk-Treasurerd shall include the statement that "the Highest or any offer may not necessarily be accepted"; and after issuing a public notice as required in the Act, Council may offer the surplus property to the abutting land owner. • • 4 Port Burwell BY ed Laws 4 ,40.1 "mak By-Laws # 95 - 21 - 95 - 32 1995 • The Corporation of the Village of Port Burwell PO Box 10 21 Pitt Street Port Burwell ON N0J 1TO By-law 95-21 By-Law 95-21•being a Bylaw under the Building Code Act, 1992 respecting permits and related matters WHEREAS a Council may Regulate the Size and strength of walls etc., and the production of plans under the Municipal Act, RSO 1990, c. M.45, s. 210, p. 164, and; WHEREAS a Council may Regulate Removal and Wrecking of Buildings and Structures under the Municipal Act, RSO 1990, c. M.45, s. 210, p. 168, and; WHEREAS Section 7 of the Building Code Act, SO 1992, c. 23 authorizes a municipal council to pass bylaws concerning the issuance of permits and related matters. The Council of the Village of Port Burwell THEREFORE ENACTS AS FOLLOWS: 1. SHORT TITLE This By-law may be cited as the "Building Permit Bylaw". 2.0 DEFINITIONS AND WORD USAGE In this By-law: 2.1 (a) "Act" means the Building Code Act, SO c. 23, 1992, as amended. (b) "applicant" means the owner of a building or property who applies for a permit or any person authorized by the, owner to apply for a t on the owner's behalf, or any person or corporation empowered by' statute to cause the demolition of a building or buildings and 1 anyone acting under the authority of such person or corporation (c) "Building Code"means regulation made under Section 34 of the Act. (d) "Chief Building Official" means the Chief Building Official appointed by Council under Section 3 of the Act. (e) "owner" means the registered owner of the land and includes a lessee, mortgagee in possession, and the person in charge of the property. (f) "permit" means. permission or authorization given in writing by the Chief Building Official to perform work regulated by the Act and Building Code, or to occupy a building or part thereof. (g) "permit holder" means the person to whom the permit has been issued and who assumes the primary responsibility for complying with the Act and the Building Code. 2.2 Terms not defined in this By-law shall have the meaning ascribed to them in the Act or the Building Code. 3.0 CLASSES OF PERMITS Classes of permits required for construction demolition or change of use are set forth in Schedule "A" appended to and forming part of this Bylaw. 4.0 PERMITS 4.01 To obtain a permit, an applicant shall file an application in writing on forms prescribed by and available from the Chief building Official, and shall supply any other information relating to the application in accordance to Schedule"B" forming part of this bylaw and as required by the Chief Building Official. 2 • 4.02 Every building permit application shall: (a) identify and describe in detail the work, use and occupancy to be covered by the permit for which the application is made; (b) identify and describe in detail the existing uses and the proposed use(s) for d'hich the premises are intended; (c) describe the land on which the work is to be done, by a description that will readily identify and locate the site on which the building or demolition is to occur; (d) be accompanied by plans and specifications as described in the By-law; (e) be accompanied by the required fees as calculated in accordance with Schedule "A" (f) state the names, addresses and telephone numbers of the owner, applicant, architect, engineer or other designer, and the constructor or person hired to carry out the demolition, as the case may be; (g) when Section 2.3 of the Building Code applies, be accompanied by assigned acknowledgement of the owner on a form prescribed by the Chief Building Official that an architect or professional engineer, or both, have been retained to carry out the general review of the construction or demolition of the building; (h) when Section 2.3 of the Building Code applies, be accompanied by a signed statement of the architect or professional engineer, or both, on a form prescribed by the Chief Building Official, undertaking to provide general review of the construction or demolition of the building; (i) include, where applicable, the registration number of the builder or vendor as provided in the Ontario New 3 Home Warranties Plan Act; (j) state estimated valuation of the proposed work including material and labour; and (k) be signed by the applicant who shall certify as to the truth of the contents of the application. 4.03 In addition to the requirements of subsection 4.02 above, every demolition permit application shall: (a) when Section 2.3 of the Building Code applies, be accompanied by structural design characteristics of building and the method and time schedule of the demolition; and (b) be accompanied by satisfactory proof that. arrangements have been made with the proper . authorities for the termination and capping of all the • water, sewer, gas, electric, telephone or other utilities and services. 4.04 In addition to the requirements of subsection 4.02 above, every construction permit application for part of a building shall. (a) include an application for the entire project; and (b) include plans and specifications covering the part of the work for which more expeditious approval is desired, together with such information pertaining to the remainder of the work as may be required by the Chief Building Official. 4.05 in addition to the requirements of subsection 4.02 above, every conditional permit application for the construction of a building shall: (a) state the reasons why the applicant believes that unreasonable delays in construction would occur if a conditional permit is not granted; and (b) state necessary approvals which must be obtained in 4 respect of the proposed building and the time in which such approvals will be obtained 4.06 In addition to the applicable requirements of subsection 4.02 above, every change of use permit application shall: - (a) describe the building or part thereof in which the occupancy is to be changed, and; (b) include plans and. specifications which show the current and proposed occupancy of all parts of the building&and which contain sufficient information to establish compliance with the requirements of the Building Code including, floor plans, details of wall, floor and roof assemblies identifying required fire resistance rating and load bearing capacities. 4.07 The Chief Building Official shall, where conditions in subsection 4.04 above have been fulfilled, issue a permit for part of a building subject to compliance with the Act, the Building Code and any applicable law. 4.08 The Chief Building Official may, where conditions in Subsection 8.3 to 8.05 of the Act and subsection 8.05 above have been fulfilled, issue a conditional. permit for a building subject to compliance with the Act, the Building Code and any applicable law. 4.09 The Chief Building Official shall not, by reason of the issuance of a permit or permits for a part or parts of the building issued under subsections 4.04 and 4.05 be under any obligation to grant any permit or permits therefore. 4.10 Where an application for a permit remains incomplete or inactive for six months after it is made, the application may be deemed by the Chief Building Official to have been abandoned and notice thereof shall be given to the applicant. 5.0 PLANS SPECIFICATIONS 5.1 Every applicant shall furnish at the expense of the applicant and in accordance 5 respect of the proposed building and the time in which such approvals will be obtained 4.06 In addition to the applicable requirements of subsection 4.02 above, every change of use permit application shall: (a) describe the building or part thereof in which the occupancy is to be changed, and; (b) include plans and. specifications which show the current and proposed occupancy of all parts of the building&and which contain sufficient information to establish compliance with the requirements of the Building Code including, floor plans, details of wall, floor and roof assemblies identifying required fire resistance rating and load bearing capacities. 4.07 The Chief Building Official shall, where conditions in subsection 4.04 above have been fulfilled, issue a permit for part of a building subject to compliance with the Act, the Building Code and any applicable law. 4.08 The Chief Building Official may, where conditions in Subsection 8.3 to 8.05 of the Act and subsection 8.05 above have been fulfilled, issue a conditional. permit for a buildingsubject to compliance with the Act, the Building Code and any applicable law. 4.09 The Chief Building Official shall not, by reason of the issuance of a permit or permits for a part or parts of the building issued under subsections 4.04 and 4.05 be under any obligation to grant any permit or permits therefore. 4.10 Where an application for a permit remains incomplete or inactive for six months after it is made, the application may be deemed by the Chief Building Official to have been abandoned and notice thereof shall be given to the applicant. 5.0 PLANS SPECIFICATIONS 5.1 Every applicant shall furnish at the expense of the applicant and in accordance 5 to Schedule "B" forming part of this bylaw and to the satisfaction of the Chief Building Official; (a) sufficient plans, specifications, documents and other information in accordance to Schedule "B" forming part of this bylaw to enable the Chief Building Official to determine whether the proposed construction, demolition, or change of use conforms to the Act and the Building Code; and (b) a site plan referenced to a current plan of survey certified by a registered Ontario Land Surveyor and a copy of such a survey shall be filed with the municipality unless this requirement is waived because the Chief Building Official is able, without having a current plan of survey, to determine whether the proposed work conforms to the Act, the Building Code, and any other applicable law. The site plan will include information as follows; i) lot size and dimensions of property; ii) setbacks from existing and proposed buildings to property boundaries and to each other; iii) existing and finished ground levels or grades referenced to the centre line of an adjacent road or roadways, and/or the top of sanitary manhole, and/or a geodetic bench mark, or other permanent topographic feature as approved by the Chief Building Official; and iv) existing rights of way, easements and municipal services. 5.2 Plans submitted shall be legible and be drawn to a standard architectural or engineering scale upon paper or other suit-able and durable material in accordance to Schedule "B" forming part of this 6 bylaw. 5.3 The Chief Building Official shall require the 2 sets of plans, specifications, documents and other information to be furnished with an application for permit having regard for the requirements of any Act, regulation or Bylaw respecting the examination or circulation of the application in accordance with Schedule "B" forming part of this bylaw. 5.4 On completion of the construction of a building, the Chief Building Official shall require a set of"As Constructed" plans, including a plan of survey showing the location of the building, municipal servicing, public utilities and other significant surface and subsurface topographical features. 5.5 Plans and specifications furnished according to this bylaw or otherwise required by the Act shall become the property of the municipality and will be disposed of or retained in accordance with relevant legislation. Originals or Copies of plans and specifications shall not be provided or copied for any person and for any reason. 6.0 FEES 6.1 The Chief Building Official shall determine the required fees calculated in accordance with Schedule"A" for the work proposed and the applicant shall pay such fees. No permit shall be issued until the fees therefore have been paid in full. 6.2 Upon written request, the Chief building official shall with the prior consent of the Administrator/Clerk-Treasurer determine the amount of fees, if any, that may be refunded in accordance with Schedule "A" in the case of. (a) withdrawal of an application, (b) abandonment of an application pursuant to subsection 4.10 above, (c) refusal to issue permits or (d) request for revocation of a permit pursuant to Clause 8.10(e) of the Act. 7 bylaw. 5.3 The Chief Building Official shall require the 2 sets of plans, specifications, documents and other information to be furnished with an application for permit having regard for the requirements of any Act, regulation or Bylaw respecting the examination or circulation of the application in accordance with Schedule "B" forming part of this bylaw. 5.4 On completion of the construction of a building, the Chief Building Official shall require a set of"As Constructed" plans, including a plan of survey showing the location of the building, municipal servicing, public utilities and other significant surface and subsurface topographical features. 5.5 Plans and specifications furnished according to this bylaw or otherwise required by the Act shall become the property of the municipality and will be disposed of or retained in accordance with relevant legislation. Originals or Copies of plans and specifications shall not be provided or copied for any person and for any reason. 6.0 FEES 6.1 The Chief Building Official shall determine the required fees calculated in accordance with Schedule"A" for the work proposed and the applicant shall pay such fees. No permit shall be issued until the fees therefore have been paid in full. 6.2 Upon written request, the Chief building official shall with the prior consent of the Administrator/Clerk-Treasurer determine the amount of fees, if any, that may be refunded in accordance with Schedule "A" in the case of. (a) withdrawal of an application, (b) abandonment of an application pursuant to subsection 4.10 above, (c) refusal to issue permits or (d) request for revocation of a permit pursuant to Clause 8.10(e) of the Act. 7 6.3 Subject to subsection 7.1, there shall be no refund of permit fees where a permit has been revoked. 7.0 PERMIT REVOCATION, DEFERRAL OF REVOCATION AND TRANSFER 7.1 Revocation of Permit Prior to revoking a permit under Clauses 8.10(a) through (f)of the Act, the Chief Building Official shall give written notice of intention to revoke to the permit holder at his/hers last known address and if on the expiration of thirty (30) clays from the date of such notice, the ground for revocation continues to exist, the permit may be revoked without further notice and all submitted plans and other information may be disposed of. 7.2 Deferral of Revocation (a) On receipt of a notice of intention to revoke a permit, a permit holder may request in writing within thirty (30) days from the date thereof the Chief Building Official to defer the revocation of such permit. (b) A request for deferral shall set out the reasons why the permit should not be revoked and 'the date by which the work will be commenced or resumed (c) Having considered the circumstances of the request and having determined that there have been no changes to the Act and the Building Code and any other applicable law which would have prevented the issuance of the original permit, the Chief Building Official may allow a deferral to a prescribed date. and shall notify the permit holder. (d) A request for deferral of revocation is subject to a fee in accordance with Schedule A . 7.3 Transfer of Permit (a) Permits are transferrable only upon the new owner 8 completing a permit application to the requirements of section 4. (b) A fee, as prescribed in Schedule "A" shall be payable on a transfer of permit by the new owner who shall thenceforth be the permit holder for the purpose of the Act and the Building Code. 8.0 NOTIFICATIONS 8.1 Notices for inspections respecting stages of construction required by the Building Code shall be given by the permit holder to the Chief Building Official at least two business days in advance of each stage of construction specified therein. 8.2 A notice pursuant to this section is not effective until written or oral notice is received by the Chief Building Official. 9.0 SEVERABILITY Should any section, subsection, clause or provision of this Bylaw be declared by a court of competent junction to be invalid the same shall not affect the validity of this Bylaw as a whole or any part thereof, other than the part so declared to be invalid 10.0 Bylaws 286, 92-05 and all by-laws, parts of by-laws or amendments passed by the Council of the Village of Port Burwell which are inconsistent with the provisions of this by-law are hereby repealed. 9 • • • . • 'Read a first a. . %ond time this 2 . . •y of April, 1995. %� . , _ r1�t�/!.'.e. apr ' eve 4110 /AY ... .m/. rator/Clerk-Treasurer i Read a third and final time . •'s 25th day of April, 1995. cot. . • � w\` AO // : .1 <C r Iii i1 024�' - . L 0�•Adi j or/Clerk-Treasurer , 10 Schedule „A" Classes of Permits and Fees A. ASSEMBLY OCCUPANCY STRUCTURES 1. All Buildings forming as Assembly Occupancy - $45.00 plus $3.00 per $1,000.00 of construction cost. 2. Additions and Renovations to Building forming as Assembly Occupancy- $45.00 plus $3.00 per$1,000.00 of construction cost. B. INDUSTRIAL BUILDINGS & STRUCTURES 1. All Buildings forming as Industrial Occupancy - $45.00 plus $3.00 per $1,000.00 of construction cost. 2. Additions and Renovations to Building forming as Industrial Occupancy-$45.00 plus$3.00 per$1,000.00 of construction cost. C. INSTITUTIONAL BUILDINGS & STRUCTURES 1. All Buildings forming as Institutional Occupancy - $45.00 plus $3.00 per$1,000.00 of construction cost. 2. Additions and Renovations to Building forming as Assembly Occupancy-$45.00 plus$3.00 per$1,000.00 of construction cost. D. RESIDENTIAL BUILDINGS & STRUCTURES 1. Single Family & Multiple Dwelling Units - $0.20 per sq. ft gross floor area exclusive of basement. 2. Additions to Single Family&Multiple Dwelling Units - $30.00 plus $0.20 per sq. ft gross floor area exclusive of basement. 3. Renovations to Single Family &Multiple Dwelling Units - $30.00 plus $0.20 per sq. ft gross floor area exclusive of basement. 11 4. Accessory Buildings, Car Port, Sheds etc. (a) Garages, Car Ports etc. - $60.00 per unit (b) Structures under 110 sq. ft - $30.00 per unit • (c) Renovations of Accessory Buildings - $25.00 per unit E. DEMOLITION PERMITS: 1. Assembly Occupancy Buildings - $100.00 2. Institutional Occupancy Buildings -$500.00 3. Industrial Occupancy Buildings - $500.00 4. Mercantile Occupancy Buildings - $100.00 5. Residential Buildings - $ 25.00 F. PLUMBING PERMITS Assembly, Mercantile or Residential Occupancy-$45.00 per unit G. SWIMMING POOLS - $25.00 plus$0.05 per$1,000.00 0f construction cost H. SIGNS -$30.00 per unit 12 Schedule "B" Standards for Plans A. ASSEMBLY OCCUPANCY STRUCTURES Plans, details and specifications for structural, civil, electrical and mechanical engineering disciplines as prepared by a professional engineer holding a certificate of authorization to practice professional engineering and architectural plans, details and specifications as prepared by a licensed architect holding a certificate of authorization to practice architecture. B. INDUSTRIAL BUILDINGS 6' STRUCTURES Plans, details and specifications for structural, civil, electrical and mechanical engineering disciplines as prepared by a professional engineer holding a certificate of authorization to practice professional engineering and architectural plans, details and specifications as prepared by a licensed architect holding a certificate of authorization to practice architecture. C. INSTITUTIONAL BUILDINGS & STRUCTURES Plans, details and specifications for structural, civil, electrical and mechanical engineering disciplines as prepared by a professional engineer holding a certificate of authorization to practice professional engineering and architectural plans, details and specifications as prepared by a licensed architect holding a certificate of authorization to practice architecture. D. RESIDENTIAL BUILDINGS E' STRUCTURES Drawings prepared to a standard architectural/engineering scale which provides Front, Rear, Side Elevations (each side of proposed construction) which clearly displays the proposed construction providing measurements to indicate ceiling and building heights, top of foundation wall, floor elevations, specifications (as may be applicable) and footing elevations. Plans views prepared to standard architectural/engineering scale which provides basement plans (to include foundation/footing layout and other significant structural 13 3 • elements), floor plans, site plan (including the location of services. All drawings shall be updated as necessary and at the discretion of the Chief Building Official to provide "As Built" conditions of the structure during and subsequent to construction completion. E. DEMOLITION PERMITS: A scaled site plan illustrating topographic details and the extent of the demolition. Partial demolition projects for any parts of buildings under the categories of Assembly Occupancy, Industrial and Institutional Buildings shall be reviewed by an architect or professional engineer providing a report with respect to the effects of the demolition on the remaining part of the structure or structures. F. PLUMBING PERMITS A scaled plan illustrating the layout of proposed plumbing and the various elements of construction. G. SWIMMING POOLS A scaled site plan drawing illustrating topographic details and the extent of the construction including other construction drawings and plans, elevations, details and sections to the satisfaction of the Chief Building Official. H. SIGNS Detailed scaled structural and site drawings including specifications shall be prepared by a licensed professional engineering and be submitted for Roof Signs, Projecting Signs, Pylon Signs (free- standing vertical column(s) constructed permanently into the ground which has been designed and constructed as a unit and which has a minimum clearance of 3.5 metres). 14 The Corporation of the Village of Port Burwell PO Box 10 21 Pitt Street Port Burwell ON N0J 1T0 By-law 96-33 Being a by-law to amend By-Law 95-21 being a bylaw under the Building Code Act, 1992 respecting permits and related matters WHEREAS a Council may Regulate the Size and strength of walls etc., and the production of plans under the Municipal Act, RSO 1990, c. M.45, s. 210, p. 164, and; WHEREAS a Council may Regulate Removal and Wrecking of Buildings and Structures under the Municipal Act, RSO 1990, c. M.45, s. 210, p. 168, and; WHEREAS Section 7 of the Building Code Act, SO 1992, c. 23 authorizes a municipal council to pass bylaws concerning the issuance of permits and related matters. AND WHEREAS the Council of the Corporation of the Village of Port Burwell has passed By-law 95-21 and deems it necessary to amend the same. Now therefore the council of the Corporation of the Village of Port Burwell hereby amends By-law 95-21 to provide for the addition of Schedule "C", to amend Sections 4.01, 5.1, 5.2 and 5.3 and add Section I and J to Schedule "A" as follows; 4.01 To obtain a permit, an applicant shall file an application in writing on forms prescribed by and available from the Chief building Official, and shall supply any other information relating to the application in accordance to Schedule "B" and Schedule "C" forming part of this bylaw and as required by the Chief Building Official. 5.1 Every applicant shall furnish at the expense of the applicant and in accordance to Schedule "B" and Schedule "C" forming part of this bylaw and to the satisfaction of the Chief Building Official; 5.2 Plans submitted shall be legible and be drawn to a standard architectural or engineering scale upon paper or other suitable and durable material in accordance to Schedule "B" and Schedule "C" forming part of this bylaw. 1 5.3 The Chief Building Official shall require the 2 sets of plans, specifications, documents and other information to be furnished with an application for permit having regard for the requirements of any Act, regulation or Bylaw respecting the examination or circulation of the application in accordance with Schedule "B" and Schedule "C" forming part of this bylaw. I Residential Decks - $30.00 per deck Roofing (Replacement of Shingles/Sheeting) - $30.00 This by-law shall come into force and take effect immediately upon final passage thereof. Read a first and second time this 25th day of June, 1996. tfet- Re= e Adm' istrator/Clerk-Treasurer Read a thir. .nd final e this 25th day of June, 1996. R e A ' istrator/Clerk-Treasurer 2 I ' Schedule "C" Standards for Residential Structures A. Minimum Ground Floor Area: i) 950 sq. ft (85.5sq. m) for a single storey, single family dwelling. ii) 950 sq. ft (85.5sq. m) for a single dwelling unit of a semi-detached dwelling. iii) 850 sq. ft (76.5sq. m) for a split level single family dwelling. iv) 750 sq. ft (67.5sq. m) for a single family dwelling having more than one storey. 3 . ,. 1 • The Corporation of the Village of Port Burwell • PO Box 10 21 Pitt Street Port Burwell ON NOJ 1T0 By-law 95-21 By-Law 95-21 being a Bylaw under the Building Code Act, 1992 respecting permits and related matters WHEREAS a Council may Regulate the Size and strength of walls etc., and the production of plans under the Municipal Act, RSO 1990, c. M.45, s. 210, p. 164, and; WHEREAS a Council may Regulate Removal and Wrecking of Buildings anfl Structures under the Municipal Act, RSO 1990, c. M.45, s. 210, p. 168, and; WHEREAS Section 7 of the Building Code Act, SO 1992, c. 23 authorizes a municipal council to pass bylaws concerning the issuance of permits and related matters. The Council of the Village of Port Burwell THEREFORE ENACTS AS FOLLOWS: 1. SHORT TITLE This By-law may be cited as the "Building Permit Bylaw". 2.0 DEFINITIONS AND WORD USAGE In this By-law: 2.1 (a) "Act"means die Building Code Act, SO c. 23, 1992, as amended. (b) "applicant" means the owner of a building or property who applies for a permit or any person authorized by the, owner to apply for a t on the owner's behalf, or any person or corporation empowered by' statute to cause the demolition of a building or buildings and 1 a • anyone acting under the authority of such person or corporation (c) "Building Code" means regulation made under Section 34 of the Act. (d) "Chief Building Official" means the Chief Building Official appointed by Council under Section 3 of the Act. (e) "owner" means the registered owner of the land and includes a lessee, mortgagee in possession, and the person in charge of the property. (f) "permit" means. permission or authorization given in writing by the Chief Building Official to perform work regulated by the Act and Building Code, or to occupy a building or part thereof. (g) "permit holder" means the person to whom the permit has been issued and who assumes the primary responsibility for complying with the Act and the Building Code. 2.2 Terms not defined in this By-law shall have the meaning ascribed to them in the Act or the Building Code. 3.0 CLASSES OF PERMITS Classes of permits required for construction demolition or change of use are set forth in Schedule "A" appended to and forming part of this Bylaw. 4.0 PERMITS 4.01 To obtain a permit, an applicant shall file an application in writing on forms prescribed by and available from the Chief building Official, and shall supply any other information relating to the application in accordance to Schedule"B" forming part of this bylaw and as required by the Chief Building Official. 2 4.02 Every building permit application shall: (a) identify and describe in detail the work, use and occupancy to be covered by the permit for which the application is made; (b) identify and describe in detail the existing uses and the proposed use(s) for which the premises are intended; (c) describe the land on which the work is to be done, by a description that will readily identify and locate the site on which the building or demolition is to occur; (d) be accompanied by plans and specifications as described in the By-law; (e) be accompanied by the required fees as calculated,in accordance with Schedule "A" (f) state the names, addresses and telephone numbers of the owner, applicant, architect, engineer or other designer, and the constructor or person hired to carry out the demolition, as the case may be; (g) when Section 2.3 of the Building Code applies, be accompanied by assigned acknowledgement of the owner on a form prescribed by the Chief Building Official that an architect or professional engineer, or both, have been.retained to carry out the general review of the construction or demolition of the building; (h) when Section 2.3 of the Building Code applies, be accompanied by a signed statement of the architect or professional engineer, or both, on a form prescribed by the Chief Building Official, undertaking to provide general review of the construction or demolition of th' _ building; (i) include, where applicable, the registration number of the builder or vendor as provided in the Ontario New 3 Home Warranties Plan Act; (j) state estimated valuation of the proposed work including material and labour; and (k) be signed by the applicant who shall certify as to the truth of the contents of the application. 4.03 In addition to the requirements of subsection 4.02 above, every demolition permit application shall: (a) when Section 2.3 of the Building Code applies, be accompanied by structural design characteristics of building and the method and time schedule of the demolition; and (b) be accompanied by satisfactory proof that. arrangements have been made with the proper authorities for the termination and capping of all the water, sewer, gas, electric, telephone or other utilities and services. 4.04 In addition to the requirements of subsection 4.02 above, every construction permit application for part of a building shall. (a) include an application for the entire project; and (b) include plans and specifications covering the part of the work for which more expeditious approval is desired, together with such information pertaining to the remainder of the work as may be required by the Chief Building Official. 4.05 in addition to the requirements of subsection 4.02 above, every conditional permit application for the construction of a building shall: (a) state the reasons why the applicant believes that unreasonable delays in construction would occur if a conditional permit is not granted; and (b) state necessary approvals which must be obtained in 4 1• respect of the proposed building and the time in which • such approvals will be obtained 4.06 In addition to the applicable requirements of subsection 4.02 above, every change of use permit application shall: (a) describe the building or part thereof in which the occupancy is to be changed, and; (b) include plans and. specifications which show the current and proposed occupancy of all parts of the building&and which contain sufficient information to establish compliance with the requirements of the Building Code including, floor plans, details of wall, floor and roof assemblies identifying required fire resistance rating and load bearing capacities. • 4.07 The Chief Building Official shall, where conditions in subsection 4.04 above have been fulfilled, issue a permit for part of a building subject to compliance with the Act, the Building Code and any applicable law. 4.08 The Chief Building Official may, where conditions in Subsection 8.3 to 8.05 of the Act and subsection 8.05 above have been fulfilled, issue a conditional. permit for a building subject to compliance with the Act, the Building Code and any applicable law. 4.09 The Chief Building Official shall not, by reason of the issuance of a permit or permits for a part or parts of the building issued under subsections 4.04 and 4.05 be under any obligation to grant any permit or permits therefore. 4.10 Where an application for a permit remains incomplete or inactive for six months after it is made, the application may be deemed by the Chief Building Official to have been abandoned and notice thereof shall be given to the applicant. 5.0 PLANS SPECIFICATIONS 5.1 Every applicant shall furnish at the expense of the applicant and in accordance • 5 to Schedule "B" forming part of this bylaw and to the satisfaction of the Chief Building Official; (a) sufficient plans, specifications, documents and other information in accordance to Schedule "B" forming part of this bylaw to enable the Chief Building Official to determine whether the proposed construction, demolition, or change of use conforms to the Act and the Building Code; and (b) a site plan referenced to a current plan of survey certified by a registered Ontario Land Surveyor and a copy of such a survey shall be filed with the municipality unless this requirement is waived because the Chief Building Official is able, without having a current plan of survey, to determine whether the proposed work conforms to the Act, the Building Code, and any other applicable law. The site plan will include information as follows; i) lot size and dimensions of property; ii) setbacks from existing and proposed buildings to property boundaries and to each other; iii) existing and finished ground levels or grades referenced to the centre line of an adjacent road or roadways, and/or the top of sanitary manhole, and/or a geodetic bench mark, or other permanent topographic feature as approved by the Chief Building Official; and iv) existing rights of way, easements and municipal services. 5.2 Plans submitted shall be legible and be drawn to a standard architectural or engineering scale upon paper or other suitable and durable material in accordance to Schedule "B" forming part of this 6 bylaw. 5.3 The Chief Building Official shall require the 2 sets of plans, specifications, documents and other information to be furnished with an application for permit having regard for the requirements of any Act, regulation or Bylaw respecting the examination or circulation of the application in accordance with Schedule"B" forming part of this bylaw. 5.4 On completion of the construction of a building, the Chief Building Official shall require a set of"As Constructed" plans, including a plan of survey showing the location of the building, municipal servicing, public utilities and other significant surface and subsurface topographical features. 5.5 Plans and specifications furnished according to this bylaw or otherwise required by the Act shall become the property of the municipality and will be disposed of or retained in accordance with relevant legislation. • Originals or Copies of plans and specifications shall not be provided or copied for any person and for any reason. 6.0 FEES 6.1 The Chief Building Official shall determine the required fees calculated in accordance with Schedule"A" for the work proposed and the applicant shall pay such fees. No permit shall be issued until the fees therefore have been paid in full. 6.2 Upon written request, the Chief building official shall with the prior consent of the Administrator/Clerk-Treasurer determine the amount of fees, if any, that may be refunded in accordance with Schedule "A" in the case of. (a) withdrawal of an application, (b) abandonment of an application pursuant to subsection 4.10 above, (c) refusal to issue permits or • (d) request for revocation of a permit pursuant to Clause 8.10(e) of the Act. 7 6.3 Subject to subsection 7.1, there shall be no refund of permit fees where a permit has been revoked. 7.0 PERMIT REVOCATION, DEFERRAL OF REVOCATION AND TRANSFER 7.1 Revocation of Permit Prior to revoking a permit under Clauses 8.10(a) through (f)of the Act, the Chief Building Official shall give written notice of intention to revoke to the permit holder at his/hers last known address and if on the expiration of thirty (30) days from the date of such notice, the ground for revocation continues to exist, the permit may be revoked without further notice and all submitted plans and other information may be disposed of. 7.2 Deferral of Revocation • (a) On receipt of a notice of intention to revoke a permit, a permit holder may request in writing within thirty (30) days from the date thereof the Chief Building Official to defer the revocation of such permit. (b) A request for deferral shall set out the reasons why the permit should not be revoked and 'the date by which the work will be commenced or resumed (c) Having considered the circumstances of the request and having determined that there have been no changes to the Act and the Building Code and any other applicable law which would have prevented the issuance of the original permit, the Chief Building Official may allow a deferral to a prescribed date. and shall notify the permit holder. (d) A request for deferral of revocation is subject to a fee in accordance with Schedule "A". 7.3 Transfer of Permit (a) Permits are transferrable only upon the new owner 8 completing a permit application to the requirements of section 4. • (b) A fee, as prescribed in Schedule "A" shall be payable on a transfer of permit by the new owner who shall thenceforth be the permit holder for the purpose of the Act and the Building Code. 8.0 NOTIFICATIONS 8.1 Notices for inspections respecting stages of construction required by the Building Code shall be given by the permit holder to the Chief Building Official at least two business days in advance of each stage of construction specified therein. 8.2 A notice pursuant to this section is not effective until written or oral notice is received by the Chief Building Official. 9.0 SEVERABILITY Should any section, subsection, clause or provision of this Bylaw be declared by a court of competent junction to be invalid the same shall not affect the validity of this Bylaw as a whole or any part thereof, other than the part so declared to be invalid • 10.0 Bylaws 286, 92-05 and all by-laws, parts of by-laws or amendments passed by the Council of the Village of Port Burwell which are inconsistent with the provisions of this by-law are hereby repealed. • 9 • Read a first a • -'cond time this 251 ay of April, 1995. /, /,•• , /�, ._t•t/L 1, eve 1 A(411 Ai mi rator/Clerk-Treasurer Read a third and final time ...s 25th day of April, 1995. Jr / j'' f r ' 4• t . ' �� �• 4 '_ r' '? t. i/aif/' 31.1 Admi ator/Clerk-Treasurer 10 Schedule "A" Classes of Permits and Fees • A. ASSEMBLY OCCUPANCY STRUCTURES 1. All Buildings forming as Assembly Occupancy -$45.00 plus $3.00 per$1,000.00 of construction cost. 2. Additions and Renovations to Building forming as Assembly Occupancy-$45.00 plus$3.00 per$1,000.00 of construction cost. B. INDUSTRIAL BUILDINGS & STRUCTURES 1. All Buildings forming as Industrial Occupancy - $45.00 plus $3.00 per$1,000.00 of construction cost. 2. Additions and Renovations to Building forming as Industrial Occupancy-$45.00 plus$3.00 per$1,000.00 of construction cost. C. INSTITUTIONAL BUILDINGS & STRUCTURES 1. All Buildings forming as Institutional Occupancy - $45.00 plus $3.00 per$1,000.00 of construction cost. 2. Additions and Renovations to Building forming as Assembly Occupancy-$45.00 plus$3.00 per$1,000.00 of construction cost. D. RESIDENTIAL BUILDINGS & STRUCTURES 1. Single Family & Multiple Dwelling Units - $0.20 per sq. ft gross floor area exclusive of basement. 2. Additions to Single Family&Multiple Dwelling Units - $30.00 plus $0.20 per sq. ft gross floor area exclusive of basement. 3. Renovations to Single Family&Multiple Dwelling Units -$30.00 plus $0.20 per sq. ft gross floor area exclusive of basement. 11 • . 4. Accessory Buildings, Car Port, Sheds etc. (a) Garages, Car Ports etc. - $60.00 per unit (b) Structures under 110 sq. ft - $30.00 per unit • (c) Renovations of Accessory Buildings - $25.00 per unit E. DEMOLITION PERMITS: 1. Assembly Occupancy Buildings - $100.00 2. Institutional Occupancy Buildings - $500.00 3. Industrial Occupancy Buildings - $500.00 4. Mercantile Occupancy Buildings - $100.00 5. Residential Buildings - $ 25.00 F. PLUMBING PERMITS Assembly, Mercantile or Residential Occupancy- $45.00 per unit G. SWIMMING POOLS - $25.00 plus $0.05 per$1,000.00 of construction cost H. SIGNS - $30.00 per unit 12 T. . Schedule "B" Standards for Plans A. ASSEMBLY OCCUPANCY STRUCTURES Plans, details and specifications for structural, civil, electrical and mechanical engineering disciplines as prepared by a professional engineer holding a certificate of authorization to practice professional engineering and architectural plans, details and specifications as prepared by a licensed architect holding a certificate of authorization to practice architecture. B. INDUSTRIAL BUILDINGS E' STRUCTURES Plans, details and specifications for structural, civil, electrical and mechanical engineering disciplines as prepared by a professional engineer holding a certificate of authorization to practice professional engineering and architectural plans, details and specifications as prepared by a licensed architect holding a certificate of authorization to practice architecture. C. INSTITUTIONAL BUILDINGS Ee STRUCTURES Plans, details and specifications for structural, civil, electrical and mechanical engineering disciplines as prepared by a professional engineer holding a certificate of authorization to practice professional engineering and architectural plans, details and specifications as prepared by a licensed architect holding a certificate of authorization to practice architecture. D. RESIDENTIAL BUILDINGS Ed STRUCTURES Drawings prepared to a standard architectural/engineering scale which provides Front, Rear, Side Elevations (each side of proposed construction) which clearly displays the proposed construction providing measurements to indicate ceiling and building heights, top of foundation wall, floor elevations, specifications (as may be applicable) and footing elevations. Plans views prepared to standard architectural/engineering scale which provides basement plans (to include foundation/footing layout and other significant structural 13 • elements), floor plans, site plan (including the location of services. All drawings shall be updated as necessary and at the discretion of the Chief Building Official to provide "As Built" conditions of the structure during and subsequent to construction completion. E. DEMOLI`I7ON PERMITS: A scaled site plan illustrating topographic details and the extent of the demolition. Partial demolition projects for any parts of buildings under the categories of Assembly Occupancy, Industrial and Institutional Buildings shall be reviewed by an architect or professional engineer providing a report with respect to the effects of the demolition on the remaining part of the structure or structures. F. PLUMBING PERMITS A scaled plan illustrating the layout of proposed plumbing and the various elements of construction. G. SWIMMING POOLS A scaled site plan drawing illustrating topographic details and the extent of the construction including other construction drawings and plans, elevations, details and sections to the satisfaction of the Chief Building Official. H. SIGNS Detailed scaled structural and site drawings including specifications shall be prepared by a licensed professional engineering and be submitted for Roof Signs, Projecting Signs, Pylon Signs (free- standing vertical column(s) constructed permanently into the ground which has been designed and constructed as a unit and which has a minimum clearance of 3.5 metres). 14 and protecting ourselves and the public from themselves. 'I would personally advocate the preparation of drawings as a good planning exercise for the owners of the building or project. A good set of drawings will provide savings for the owner and clear direction to the builder removing any element for dispute during the construction process. Please review the attached at your earliest convenience expressing any concerns otherwise the bylaw shall be presented for consideration at the April 25, 1995 council meeting. Oee Encs. PS I have consulted with Ed Matthew of Ed Mathews Carpentry with respect to the principal of this bylaw and he is in favour and highly recommends the preparation of a good set of building plans to his clients as a basic way to save money for any and all projects. • 2 Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell, Ontario NOJ !TO Memo To: Council From: D. Free Re: Building Inspection and Planning within the Municipality of the Village of Port Burwell Date: October 6, 1993 Of recent date a number of issues have arisen with regards to planning and building inspections and building permit applications. In order to eliminate works on behalf of the municipality and to ensure the integrity of applications, it is necessary to implement a policy whereby each application must submit detailed and professionally prepared drawings as well as a legal survey of the subject property in order to eliminate the possibility of erroneous data and liability with respect to the municipality commensurate with the applications. Particularly in the instance of minor variances, severnces and new building projects there is opportunity for error. The building code makes provision for this requirement and is at our jurisdiction and to require this information this requirement can be construed as potentially haphazard and without thought for the integrity of the information which the municipality is obliged to keep on file for eternity. I await for Council's further direction and input in this matter in order that the appropriate policy statement can be formulated. D. Free ce. CI C cJa e APR 10 '95 12:03 ORO 705 487 0133 P.2/6 93/07/05 Final THE CORPORATION OF THE 1 By-Law Number A By-law under the Building-Code Act. 1992-respectine_.perrriits andielated matters °WHEREAS Section 7 of the Building Code Act, 1992, authorizes a municipal council to pass by-laws concerning the issuance of permits and related matters. THEREFORE THE COUNCIL OF - ENACTS AS FOLLOWS: 1. SHORT TITLE This By-law may be cited as the"Building Permit By-law". 2. DEFINITIONS AND WORD USAGE In this By-law: (1) (a)"Act"means the Building Code Act, 1992, as amended. (b) "applicant" means the owner of a building or property who applies for a permit or any person authorized by the owner to apply for a permit on the owner's behalf, or arty person or corporation empowered by statute to cause the demolition of a building or buildings and anyone acting under the authority of such person or corporation. (c)"Building Code"means the regulation made under Section 34 of the Act. (d) "Chief Building Official"means the Chief Building Official appointed by Council under Section 3 of the Act. (e) "owner" means the registered owner of the land and includes a lessee, mortgagee in possession, and the person in charge of the property. (f) "permit" means permission or authorization given in writing by the Chief Building Official to perform work regulated by the Act and Building Code, or to occupy a building or part thereof. (g)"permit holder"means the person to whom the permit has been issued and who assumes the primary responsibility for complying with the Act and the Building Code. (2) Terms not defined in this By-law shall have the meaning ascribed to them in the Act or the Building Code. 3. CLASSES OF PERMITS Classes of permits required for construction. demolition or change of use are set forth in Schedule "A" appended to and forming part of this By-law. 4. PERMITS (1) To obtain a permit, an applicant shall file an application in writing on forms prescribed by and available from the Chief building Official, and shall supply any other information relating to the ,application as required by the Chief Building Official. Ontario Building Officials Asoxiation August'93 -23- APR 10 '95 12:04 ORO 705 487 0133 P.3/6 (2)Every building permitapplication shall: (a) identify and describe in detail the work, use and occupancy to be covered by the permit for which the application is made; (b) identify and describe in detail the existing uses and the proposed use(s) for which the premises are intended; (c) describe the land on which the work is to be done, by a description that will readily identify and locate the site on which the building or demolition is to occur; (d) be accompanied by plans and specifications as described in the By-law; (e) be accompanied by the required fees as calculated in accordance with Schedule "A "; (f) state the names, addresses and telephone numbers of the owner, applicant, architect, engineer or other designer, and the constructor or person hired to carry out the .demolition,as the case may be; (g) when Section 2.3 of the Building Code applies, be accompanied by a signed acknowledgement of the owner on a form prescribed by the Chief Building Official that an architect or professional engineer, or both, have been retained to carry out the general review of the construction or demolition of the building; (h) when Section 23 of the Building Code applies, be accompanied by a signed statement of the architect or professional engineer,or both,on a form prescribed by the Chief Building Official, undertaking to provide general review of the construction or demolition of the building; Ned (i) include,where applicable, the registration number of the builder or vendor as provided in the Ontario New Home Warranties Plan Act; (j) state estimated valuation of the proposed work including material and labour; and (k) be signed by the applicant who shall certify as to the truth of the contents of the application. (3) In addition to the requirements of subsection (2) above, every demolition permit application shall: (a) when Section 2.3 of the Building Code applies, be accompanied by structural design characteristics of building and the method and time schedule of the demolition; and (b) be accompanied by satisfactory proof that arrangements have been made with the proper authorities for the termination and capping of all the water, sewer, gas, electric, telephone or other utilities and services. (4) In addition to the requirements of subsection(2) above,every construction permit application for part of a building shall: (a)include an application for the entire project;and (b) include plans and specifications covering the part of the work for which more expeditious approval is desired, together with such information pertaining to the remainder of the IL- work as may be required by the Chief Building Official. 1 -24- Ontario Building Officials Association August'93 APR 10 '95 12:04 ORO 705 487 0133 P.4/6 (5) In addition to the requirements of subsection (2) above, every conditional permit application for the construction of a building shall: el (a)state the reasons why the applicant believes that unreasonable delays in construction would occur if a conditional permit is not granted;and (b) state necessary approvals which must be obtained in respect of the proposed building and the time in which such approvals will be obtained. (6) In addition to the applicable requirements of subsection (2) above, every change of use permit application shall: (a)describe the building or part thereof in which the occupancy is to be changed; and (b) include plans and specifications which show the current and proposed occupancy of all parts of the building, and which contain sufficient information to establish compliance with the requirements of the Building Code including, floor plans. details of wall, floor and roof assemblies identifying required fire resistance rating and load bearing capacities . (7) The Chief Building Official shall, where conditions in subsection (4) above have been fulfilled, issue a permit for part of a building subject to compliance with the Act, the Building Code and any applicable law. (8) The Chief Building Official may, where conditions in Subsection 8(3) to 8(5) of the Act and subsection (5) above have been fulfilled, issue a conditional permit for a building subject to compliance with the Act, the Building Code and any applicable law. C (9) The Chief Building Official shall not, by reason of the issuance of a permit or permits for a part or parts of the building issued under subsections (4) and (5) be under any obligation to grant any further permit or permits therefore. (10) Where an application for a permit remains incomplete or inactive for six months after it is made, the application may be deemed by the Chief Building Official to have been abandoned and notice thereof shall be given to the applicant . 5.FLANS AND SPECIFICATIONS (1)Every applicant shall furnish, (a) sufficient plans, specifications. documents and other information to enable the Chief Building Official to determine whether the proposed construction. demolition, or change of use conforms to the Act and the Building Code;and (b) a site plan referenced to a current plan of survey certified by a registered Ontario Land Surveyor and a copy of such a survey shall be filed with the municipality unless this requirement is waived because the Chief Building Official is able, without having a current plan of survey, to determine whether the proposed work conforms to the Act, the Building Code, and any other applicable law. Site plan will include i) lot size and dimensions of property; ii)setbacks from existing and proposed buildings to property boundaries and to each other; iii)existing and finished ground levels or grades;and iv)existing rights of way,easements and municipal services. Ontario Building Officials Association August'93 —25— APR 10 '95 1205 ORO 705 487 0133 P.5/6 (2) Plans submitted shall be legible and be drawn to scale upon paper or other suitable and durable materiaL (3) The Chief Building Official shall determine the number of plans, specifications, document and other information required to be furnished with an application for permit having regard for the requirements of any Act, regulation or By-law respecting the examination or circulation; of the application . (4)On completion of the construction of a building, the Chief Building Official may require a set of as constructed plans,including a plan of survey showing the location of the building. (5) Plans and specifications furnished according to this bylaw or otherwise required by the Act become the property of the municipality and will be disposed of or retained in accordance with relevant legislation. 6.jEEES (1) The Chief Building Official shall determine the required fees calculated in accordance with Schedule "A" for the work proposed and the applicant shall pay such fees. No permit shall be issued until the fees therefore have been paid in full. (2) Upon written request, the Chief building official shall determine the amount of fees, if any, that may be refunded in accordance with Schedule"A"in the case of: (a)withdrawal of an application, .; (b) abandonment of an application pursuant to subsection 4(10) above, (c) refusal to issue. permit,or (d)request for revocation of a permit pursuant to Clause 8(10)(e)of the Act. (3) Subject to subsection 7(1), there shall be no refund of permit fees where a permit has been revoked. 7. PERMIT REVOCATION. DEFERRAL OF REVOCATION AND TRANSFER (1)Revocation of Permit Prior to revoking a permit under Causes 8(10)(b) and (c)of the Act, the Chief Building Official shall give written notice of intention to revoke to the permit holder at his last known address and. if on the expiration of thirty (30) days from the date of such notice, the ground for revocation continues to exist, the permit may be revoked without further notice and all submitted plans and other information may be disposed of. C E -26- Ontario Building Officials Association August'93 • APR 10 '95 1206 ORO 705 467 0133 P.6/6 (2) Deferral of Revocation trill (a)On receipt of a notice of intention to revoke a permit,a permit holder may request in writing within thirty(30)days from the date thereof the Chief Building Official to defer the revocation of such permit. (b)A request for deferral shall set out the reasons why the permit should not be revoked and the date by which the work will be commenced or resumed . (c)Having considered the circumstances of the request and having determined that there have been no changes to the Act and the Building Code and any other applicable law which would have prevented the issuance of the original permit,the Chief Building Official may allow a deferral to a prescribed date. and shall notify the permit holder. (d)A request for deferral of revocation is subject to a fee in accordance with Schedule "A". (3)Transfer of Permit (a)Permits are transferrable only upon the new owner completing a permit application to the requirements of section 4. (b)A fee, as prescribed in Schedule"A"shall be payable on a transfer of permit by the new owner who shall thenceforth be the permit holder for the purpose of the Act and the Building Code. rd. NOTIFICATIONS (1)Notices for inspections respecting stages of construction required by the Building Code shall be given by the permit holder to the Chief Building Official at least two business days in advance of each stage of construction specified therein. (2)A notice pursuant to this section is not effective until written or oral notice is received by the Chief Building Official. 9.,SEVERABILITY Should any section,subsection,clause or provision of this By-law be declared by a court of competent jurisdiction to be invalid. the same shall not affect the validity of this By-law as a whole or any part thereof,other than the part so declared to be invalid . 10.REPEALS By-law Number as amended. is hereby repealed. ENACTED AND PASSED THIS DAY OF , 199IL; _ Mayor Clerk Note: Schedule"A"-Permit Fees and Refunds Ontario Building Officials Association August'93 -2 7- , DF POR t 9U9‘*4C(' THE CORPORATION OF THE SWPOR FVILLAGE OF PORT BURWELL 0 . P. O. Box 10, Port Burwell, Ontario NOJ ITO =� (r telephone (519) 874-4343 • fax (519) 874-4948 r 01020ftilli PORTUS REFUG" Memo Date: April 17, 1995 To: Council From: D. Free Re: Proposed By-Law 95-21 being a Bylaw under the Building Code Act, 1992 respecting permits and related matters Council: Pursuant to my memo of October 6, 1993 and subsequent informal direction in this matter to the Building Inspector, the previously said bylaw is attached for councils review. Highlights are as follows; 1. Proper architectural drawings are required for all building projects within the municipality. 2. The replacement of a bylaw which did not have teeth or applicability insofar as enforcement or as a formal policy statement as permitted by the Municipal Act. 3. Compliance with respect to a standard set of practices per municipalities which have any degree of respect for public safety or concern for liability of the current and future councils. I wish to continue to go on record by expressing my concernZn this matter with respect to various recent projects such as Craigers Cove, Mama's Pizza, BoBos, East Beach Potables, etc. It is necessary to articulate the requirements of the municipality by bylaw therefore enforcing conformity 1 David R. Free, CET, AMCT(A) • Administrator/Clerk-Treasurer AN A The Corporation of the Village of Port Burwell PO Box 10 21 Pitt Street Port Burwell ON NOJ 1T0 By-law 96-33 Being a by-law to amend By-Law 95-21 being a bylaw under the Building Code Act, 1992 respecting permits and related matters WHEREAS a Council may Regulate the Size and strength of walls etc., and the production of plans under the Municipal Act, RSO 1990, c. M.45, s. 210, p. 164, and; WHEREAS a Council may Regulate Removal and Wrecking of Buildings and Structures under the Municipal Act, RSO 1990, c. M.45, s. 210, p. 168, and; WHEREAS Section 7 of the Building Code Act, SO 1992, c. 23 authorizes a municipal council to pass bylaws concerning the issuance of permits and related matters. AND WHEREAS the Council of the Corporation of the Village of Port Burwell has passed By-law 95-21 and deems it necessary to amend the same. Now therefore the council of the Corporation of the Village of Port Burwell hereby amends By-law 95-21 to provide for the addition of Schedule "C", to amend Sections 4.01, 5.1, 5.2 and 5.3 and add Section I and J to Schedule "A" as follows; 4.01 To obtain a permit, an applicant shall file an application in writing on forms prescribed by and available from the Chief building Official, and shall supply any other information relating to the application in accordance to Schedule "B" and Schedule "C" forming part of this bylaw and as required by the Chief Building Official. 5.1 Every applicant shall furnish at the expense of the applicant and in accordance to Schedule "B" and Schedule "C" forming part of this bylaw and to the satisfaction of the Chief Building Official; 5.2 Plans submitted shall be legible and be drawn to a standard architectural or engineering scale upon paper or other suitable and durable material in accordance to Schedule "B" and Schedule "C" forming part of this bylaw. 1 5.3 The Chief Building Official shall require the 2 sets of plans, specifications, documents and other information to be furnished with an application for permit having regard for the requirements of any Act, regulation or Bylaw respecting the examination or circulation of the application in accordance with Schedule "B" and Schedule "C" forming part of this bylaw. I Residential Decks - $30.00 per deck J Roofing (Replacement of Shingles/Sheeting) - $30.00 This by-law shall come into force and take effect immediately upon final passage thereof. Read a first and second time this 25th day of June, 1996. Re, e / A - Ad ' istrator/Clerk-Treasurer Read a thir. .nd final e this 25th day of June, 1996. R e A ' istrator/Clerk-Treasurer • • Schedule "C" Standards for Residential Structures • A. Minimum Ground Floor Area: i) 950 sq. ft (85.5sq. m) for a single storey, single family dwelling. ii) 950 sq. ft (85.5sq. m) for a single dwelling unit of a semi-detached dwelling. iii) 850 sq. ft (76.5sq. m) for a split level single family dwelling. iv) 750 sq. ft (67.5sq. m) for a single family dwelling having more than one storey. • r 3 I `��� '������ _��� uum -m - _ = ° �� ��� ...n 7. -----a-WOIIM 0 ..a N um — — — -_ =III= i.m. ■uu — = — _ ='; --al IIIA_z___._--man= - uuI — _ ON Iw - la_- I I -_ I I L--- L---A I I I - p I I I I I I I I I I I I i I I I I I - I I4,1 . ,, I I FRONT ELEVATION SIDE ELEVATION REAR ELEVATION • MRS KIISONS is PROJECT. UPLANDS DEVELOPMENT m.1:S'�.SFu rat r...ae ._....r,-s..`.==4.•-- DRAWING' OPTION"A aa ELEVATIONS r..r•...�_a JY -r$,..`.T�.• r. I.., rr•1'-r I.,::.� '.r f '-'1 .-r I '-' If-II I,,:' ...r II"R f ,.'ilr..1 rrI r t AP ki 1-3 rh2---- . ... r".. "; : MEM i 2 k.. :: wl ,. uaAJr _ I. .1 y ° ..P.... . o• Srferli i o ..&mmi ' Hit! !i211 CI 0804, , ..-.--- . 0 4. OW .',,11 <17 1 _i , - `• O - Q , • Q - r Q JJ . z. ijy, ,..qr.. : II.-t:_ - 1,..,-7.::.....- 1-1-1.-+A :{ Hi-- jT 1,....1.���.a 1,1+-111 ._ir MAIN LEVEL UPPER,LEVEL BASEMENT LEVEL ItwaV.J PROJECT. UPWIDS DEVELOPMENT _ « .r --, •• e. DRAWING: OPTION"A' ._...r.r,.M7... .�._ PWOR PLAYAS ....Du....... 1 • • VINYL SIDING #15 BUILDING PAPER SPRUCE FLOOR JOIST @ 16" O.C. 1/2" PLYWOOD SHEATHING W/ 2" X 2" CROSS BRACING 4s 14 5 1/2" BATT INSULATION @ MID -PT. 2" X 6" STUD WALL 5/8" PLYWOOD SUBFLOOR VAPOUR BARRIER 1/2" UNDERLAY 1/2" DRYWALL I I J Nr-"- 2" - 2" X 6" SILL PLATE e ,r FIN. GRADE 1/2" DIA. ANCHOR BOLTS '� ��%\�%\\%J�%\ //\ /\ ® 4'-0" O.C. 6 8 0„ 1111/2" DRYWALL 8 d° v VAPOUR BARRIER 1 1/2" RIGID INSULATION 2" X 2" WOOD STRAPPING ® 16" O.C. • "e 8" POURED CONC. WALL PARGING BITUMINOUS DAMP-PROOFING FILE: BECKER\DETAIL03 DRAWN BY: • T.L.F. SILL & WALL DETAIL CHECKED BY SCALE: 1" = 1.-0" 210# ASHPHALT SHINGLES 1/2"WOOD ROOF SHEATHING METAL "H ' CLIP EDGE SUPPORT C.M.H.C. APPROVED ROOF TRUSSES @2'-0" O.C. 6 ML POLY EAVE PROTECTION TO RUN UP SLOPE 12 3'-0" TO 12" INSIDE EXT. WALL SEE ELEVATIONS PROVIDE UNOBSTRUCTED VENT AREA NOT <1/300 OF INSULATED CEILG. 1/2 AT RIDGE 3/8" PLYWOOD BAFFLE FORM VENTING SZSZ1S-Z ilk 2"X8" RAFTER HEADER * \ \ METAL DRIP STRIP \ I CONT. (TYPICAL) 1/2" DRYWALL 1 o � . ' 1"X10" WOOD FASCIA ,(- ) r v - R-32 INSULATION TYP. VENTED SOFFIT 6 ML POLY VAPOUR BARRIER — ()_},\ 1/2" PLYWOOD SOFFIT ,ter . \\ VINYL SIDING (SEE ELEVATION) (-NI #15 BUILDING PAPER '* -Z- 1-- 1/2" PLYWOOD SHEATHING 2"X6" STUDS 016"0.0 ( -) R—20 INSULATION _ BML POLY V.B. /1 1/2" DRYWALL FILE BECKER\DETAIL10 DRAWN BY: T.L. F. EAVE DETAIL CHECKED BY. SCALE: 1" = 1.-0" VINYL SIDING #15 BUILDING PAPER PLAN VIEWI • ., Q 1/2- PLYWOOD SHEATHING 5 1/2" BATT INSULATION INT. EDGE OF FOUND WALL 2" X 6" STUD WALL 1/2" DRYWALL 4 � � r 2" X 6" STUD WALL (3 CORNER STUDS ) ) , ___S 2S? 6 S-2_ , / J - CHANNEL ✓ EXT. EDGE OF FOUND. WALL itti 4" BRICK VENEER METAL TIES (EVERY 6TH COURSE 0 32" O.C.) 1" AIR SPACE #15 BUILDING PAPER 1/2" PLYWOOD SHEATHING 5SECTION 2"1X26"BSTUD I WALATION VAPOUR BARRIER .,r' 1/2" DRYWALL VINYL SIDING 2" X 6" BOTTOM PLATE #15 BUILDING PAPER 5/8" PLYWOOD SUBFLOOR 1/2" PLYWOOD SHEATHING SPRUCE FLR. JOIST HEADER 5 1/2" BATT INSULATION 2" X 6" SILL PLATE - 2" X 6" STUD WALL FOUNDATION WALL 0 0 J - CHANNEL G. BRICK VENEER - / FLASHING d ° a v FIN. GRADE 41 a i �\ i \O a ,\\/.\\"\"\/\\",\\/.\\"\"\/\\"\/\"\"\ \�"\/\Q 4 4 4 4 c 4 4 a A' • FILE: BECKER\DETAIL29 DRA TL.F.BY: EXTERIOR CORNER CHECKED BY- SCALE: 1" = 1'-O" • " VINYL SIDING Oill #15 BUILDING PAPER 1/2" PLYWOOD SHEATHING 5 1/2" BATT INSUL. 2" X6" STUD WALL VAPOUR BARRIER SPRUCE FLOOR JOIST O.C. 1/2" DRYWALL BRACING 2" X 2" CROSS BRACING 5/8" PLYWOOD SUBFLOOROill 1/2" UNDERLAY r - - - , - - -- - -- - --kb, : may, 16.2m14 i i t • DOUBLE TOP PLATES4 / iN1 (2 - 2"X6")I /N / FILE: BECKER\DETAIL43 ORA T L.F. SECOND FLOOR DETAIL CHECKED BY: SCALE: 1" = 1'-0" FIRST FLOOR VINYL SIDING 111111111 #15 BUILDING PAPER 1/2" PLYWOOD SHEATHING ;t 5 1/2" BATT INSULATION 2" X 6" STUD WALL VAPOUR BARRIER VAPOUR BARRIER 1/2" DRYWALL 1/2" DRYWALL SPRUCE FLOOR JOIST @ 16" 0.C. W/ 2" X 2" CROSS BRACING MID.-PT. INSULATION 5/8" PLYWOOD SUBFLOOR 1/2" UNDERLAY I v S) �n I U 41 i , 8 2" X 6" SILL PLATE — 7 — SOFFIT I8 /� FIN. GRADE 1/2" DIA. ANCHOR BOL-- Q /��/��/��/��/� © 4'-0" 0.C. IE \ /\ /\ /\ /\ /\ /\ a SEMI-SOLID COURSE -- . 14 -a . 1/2" DRYWALL 111 n c 42 VAPOUR BARRIER 1 1/2" RIGID INSULATION 8 2" X 2" WOOD STRAPPING I a tt @ 16" O.C. 10" POURED CONC WALL e PARGING ►,1 BITUMINOUS DAMP-PROOFING FILE- BECKER\DETAIL57 IRAWN BY: T.L.F. FLOOR FRAMING AT PROJECTIONS :NECKED BY: SCALE: 1" = 1'-0" • • WOODEN BEAM BASEMENT WINDOW (SEE PLANS & ELEVATIONS) /\ /\ \ t SLOPE DIRECTING j /\, SURFACE DRAINAGE AWAY FROM BUILDING /\ FOUNDATION r BUILDING \A I \� j� \'CORRUGATED METAL WINDOW WELL i 00 X\ X\ X\ X\ ....... //\ /X /X /,\ /X . BACKFILL >\ : \ DRILLED HOLE FILLED i WITH CRUSHED STONE LEADING TO WEEPING TILE AT FOOTING BRAWN BASEMENT WINDOW WELL T.L.F.. :NECKED BY: SCALE: 1/2" - • ELECTRICAL LEGEND CEILING MOUNTED LIGHT FIXTURE CABLE WALL MOUNTED LIGHT FIXTURE THERMOSTAT MOUNTED ® 4$., A F.F. OT 3—WAY SWITCH MOUNTED ® 48' A.F.F. OS CEILING MOUNTED SMOKE DETECTOR SWITCH MOUNTED 48 A.F.F EXHAUST FAN DUPLEX © HOT WATER TANK 0 c4 220 VOLT STOVE OUTLET ® FLOOR DRAIN O t WEATHERPROOF DUPLEX 1_21-LEA R ELECTRIC BASEBOARD HEATER A TELEPHONE 0 o DISHWASHER OUTLET DRAWN BY: • T.L.F. CHECKED BY: t 1 r PLAN / WINDOW SILL 11/16" X 1 1/2" BAND MOULD ((PINE PAINT GRADE) 11/16" x 1 '1/2" • CROWN MOULDING 4 ��� (PINE PAINT GRADE) C 0 3/4" PLYWOOD -quill • (SEE WOOD ORNAMENT FOR SIZES OF TRIANGLES & CIRCLES) 0 ELEVATION SECTION HECBY KET.L. F. PANEL DETAIL CHECKED BY SCALE: 1" = 1.-0" / 12"X4" RAFTERS I 012" O.C. I 11/2" PLYWOOD '1 • SHEATHING 3/4" PLYWOOD PLAN (SEE WOOD ORNAMENT FOR SIZES OF TRIANGLES & CIRCLES) 2"X4" RAFTERS( ®12" O.C. 1/2" PLYWOOD 12 SHEATHING Q 5 11/16" X 1 1/2" k BAND MOULD (PINE PAINT GRADE) 7/16" X 11/16" 11" X 4" SPRUCE OGEE BASE SHOE IBOARD (1. (PINE PAINT GRADE) 3/4" PLYWOOD - )1' . 1" X 2" SPRUCE rn E 7/16" X 11/16" BOARD = OGEE BASE SHOE f 2"X2" WOOD TRIM (PINE PAINT GRADE) N__ 11/16" X 1 1/2"VI - BAND MOULD (PINE PAINT GRADE) ELEVATION SECTION DRAWN BY: T.L.F. PEDIMENT DETAIL CHECKED BY: SCALE: 1" = 1'-0" /2" r , jr, I 5" 2" ,U . 6" PLAN 6" DIA. 5" DIA. 11 1/2" 8" Z 0 (113rn 1 _.... " . ..0. )2= 1.. ro � N 5" RAD. 5 1/2" RAD. ELEVATION SECTION DRAWN L.F WOOD ORNAMENT CHECKED BY: SCALE: 2" = 11-0" 4" BRICK VENEER 1/2" DRYWALL METAL TIES (EVERY 6TH SPRUCE FLOOR JOIST @ 16" O.C. COURSE @ 32" O.C.) W/ 2" X 2" CROSS BRACING MID.—PT. 1" AIR SPACE ® —Q 5/8" PLYWOOD SUBFLOOR #15 BUILDING PAPER 1/2" UNDERLAY 1/2" PLYWOOD SHEATHING 5 1/2" BATT INSULATION 2" X 6" STUD WALL VAPOUR BARRIER 1/2" DRYWALL O FLASHING 2" X 6" SILL PLATE /f ) FIN. GRADE — \ i\ /\ i\ i\ i\ i\ — A e d 1/2" DIA. ANCHOR BOLTS — @ 4'-0" O.C. — — do ° 4 4'-0' — a 1/2" DRYWALL _O G E VAPOUR BARRIER 1 1/2" RIGID INSULATION = o 2" X 2" WOOD STRAPPING -4 G ® 16" O.C. — 10" POURED CONC WALL - PARGING • BITUMINOUS DAMP—PROOFING FILE: BECKER\DETAIL06 DRAM BY: i T.L.F. SILL & WALL DETAIL CHECKED BY: SCALE: 1" = 1'-0" 3 t LOT XX GRADING PLAN 1 00 0° m� N m' 30' E _1:04 RnoKAn Loa 36 00 10'0 PREPARED FOR Im�, Imp Imp [....4 BUILDING PERMIT APPLICATION $ TOP OF FOI*IOATION 8 SCALE = 1 : 250 (METRIC) W F. �ELEVAn i - loocxx F. I .,Y- DATED : DECEMBER 25, 1997 LOT XX Z 4 1 M—XXX 1 METRIC TANS SHOWN ON THIS PLAN ARE IN ME TRES AND CAN 0*4 /�4IrS.11$ OIIM BE CWRTED TO FEET BY DDING BY 0.3048 w I BUILDING FOUNDATION VILLAGE OF W r 1- .if, PORT BURWELL ( ) It it 1 _ ® zNOTES 0/5$ J m-4 _00 ® m� (1) - ELEVATIONS ARE REFERRED TO GEODETIC DATUM 6�I51 ® N 78' 30' E 1q[RTYUK 36.00 (2) - 0I6 DENOTES EXISTING ELEVATIONS (3) - IIw+sal DENOTES PROPOSED FINAL GRADE ELEVATIONS LOT XX (4) - THIS PLAN IS COMPILED FROM DATA SHOWN ON REGISTERED PLAN 41M-XXX, THE APPROVED LOT GRADING PLAN FOR TOP OF FDUNOA1TON REGISXXX.TERED PLAN 41M-XXX AND THE ARCHITECTURAL PLANS OF THE PROPOSED DWELLING FOR LOT XX REGISTERED PLAN / ELEVATION XXX XX f1/ (5) - SANITARY SEVER AND WATER SERCLNNEVICES MUST BE SHOWN FINISHED GRADE AT INCLUDING COCTIN ■ OTH ELEVATIONS FRONT OF DIIELUNC I 41M- ELEVATION - XXXXX PROPOSED P z CROSS-SECTION 1 z CONSULTING ENGINEER OR SURVEYOR ONTARIO LAND SURVEYOR OR PROFESSIONAL ENGINEER SO MAIN STREET, ANYTOWN, ONTARIO, N4C 3P4 PHONE: 519-8XX-X10CX FAX 519-8XX-MOO( I 11101•4 I Crag Pia PROJECT: REFERENCE: no i r . • The Corporation of the Village of Port Burwell PO Box 10 21 Pitt Street Port Burwell ON NOJ 1TO By-law 95-22 Being a by-law for prescribing the time for setting fires in the Village of Port Burwell and the precautions to be observed. WHEREAS Section 11 of the Forest Fire Prevention Act, R.S.O. 1990, c. F 24 provides that except under the authority of a fire permit, no person shall start a fire outdoors during a fire season for any purpose other than cooking or obtaining warmth, and; WHEREAS Section 210 (31) of the Municipal Administrator/Clerk-Treasurer, R.S.O. 1990, as amended, provides that councils of municipalities may pass by-laws for prescribing the times that fires may be set and the precautions to be observed by persons setting out fires. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE VILLAGE OF PORT BURWELL HEREBY ENACTS AS FOLLOWS: 1. All persons setting an open air firs in the Village of Port Burwell shall first obtain a fire permit from the fire department pursuant to this section. The material to be burned shall be limited to wood or by-products of wood. A person who has obtained a fire permit pursuant to this section shall: (NOTE: in the case of a volunteer fire department, the fire permit may be issued from the municipal offices.) a) not permit more than one (1) cubic metre of material to be burned at any one time; b) ensure that the means of extinguishing the fire designated on the permit form is available at the site at all times during the fire; c) the said permit shall be in accordance with Schedule "A" attached hereto. 2. A fire permit may be cancelled or suspended at any time by the Chief Fire Official or his designate and immediately upon receiving notice of such cancellation or suspension , the permittee shall extinguish any fire started under the permit. 1 • • 3. Notwithstanding the provisions of section 1 hereof, the chief fire official may, upon application, approve the setting of any fire subject to the fire being supervised by the Fire Chief of the Village of Port Burwell or his designate. 4. Notwithstanding the provisions of section 1 hereof, open air fires may be set when such burning consists of a small confined fire, supervised at all times and is used to cook food on a grill or a barbecue, or is for personal warmth. 5. a) No person shall set an uncontained fire, including but not limited to a grass fire; b) No person shall set an open air fire in the Central Business District of the Village of Port Burwell as defined in the Village of Port Burwell Official Plan. 6. All persons setting an open air fire in the Village of Port Burwell shall: a) be responsible for any damage to property or injury to persons occasioned by the said fire; b) be liable for costs incurred by the fire department, including personnel, equipment and apparatus necessary and called in to extinguish the said fire. 7. No open air fire shall be maintained when the wind is in such direction or intensity so as to cause any or all of the following: a) a decrease in visibility on any highway or roadway; b) a rapid spread of fire through grass or a brush area. • 8. A fanner who intends to set or maintain a fire in the open air on a specified day for disposal of vegetable matter or farming purposes shall be issued a permit to cover the period of the proposed fire, and will be required to notify the fire department for each day of the proposed fire and pay the permit fee in accordance to Schedule "B" forming part of this bylaw. 9. Every person who contravenes any provision of this by-law is guilty of an offence and is liable to a fine of not more than $2,000.00 exclusive of costs under the Provincial Offenses Administrator/Clerk-Treasurer. 10. This by-law may be cited as "The Village of Port Burwell Open Air Burning By-Law". 11. This by-law shall come into full force and effect upon the final passing thereof. • 2 • s Read a first an. _ • and time this 9th da of May, 1995. P /�. / AA7 /., A.mi•.istrator/Clerk-Treasurer Read a third . . • final time this 9th clay of May, 1995. AAr at W/ strator/Clerk-Treasurer 3 Schedule "A" By-Law 95-22 The Corporation of the Village of Port Burwell Fire Department Daily Permit for Open Fires Permission is hereby granted to: Name: Municipal Street Address: Mailing Address: Postal Code: Telephone Number: For the Purpose of having an Open Fire: Date: Time: Location: Material to be Burned: Means of Extinguishment Available: The applicant agrees to comply with the provision of By-law 95-22 as amended,and agrees to assume all re.pon.ibihty for any damages occurring from the fire for which this permit I.issued. Date Signature of Applicant Date: Chief Fire Official or Designate All person setting an open air fire in the Village of Port Burwell shall firstobtain a fire permit from the fire department pursuant to this section. The material to be burned shall be limited to wood or byproducts of wood. A person who has obtained a fire permit pursuant to this section shall: a) not permit more than one(1)cubic metre of material to be burned at any one time; b) enure that the means of extinguishing the fire designatedon the permit form is available at the site at all times during the fire; e) the said permit shall be in accordance with Schedule"A"above. • 4 - i Schedule "B" By-Law 95-22 The Corporation of the Village of Port Burwell Are Department Daily Permit for Open Fires 1. All classes and forms of Daily Permits for Open Fires shall be have a fee of$5.00 paid prior to the issuance to the permit. • 5 BY-LAW NO. Tf)KSQBPOHA'PION of THS-- --.--___ A by-law for prescribing the time for setting fires in the and the precautions to be observed. WHEREAS section 210 1.28") of the Municipal Act, R.S.O. 1980, Chapter 302, as amended, provides that councils of municipalities may pass by-laws for prescribing the times that fires may be set and the precautions to be observed by persons setting out fires. NOW THEREt:OPE TILE COUNCIL OF THE CORPORATION OF THE ___ ____ _ HEREBY ENACTS AS FOLLOWS:- 1 . All persons setting an ()pert Air fire in t.he- shall first obtain a firc,permit from the fire department pursuant to this section. The material to be burned shall be limited to wood or by-products of wood. A person who has obtained a fire permit pursuant to this section shall : (NOTE: in the case of a volunteer fire department, the fire permit may be issued from the municipal offices. ) (.ti) not pr'rmit more than One ( 1 ) r`ubrc' net re of material t:: be burned at any one time; !h) Fnfiure that the means of extinguishing the Fir designated on the permit form is available at the site at all times during the fire; (c) the said permit shall be in accordance with Schedule "A" attached hereto. 2. A fire permit may be cancelled or suspended at any time by the Chief Fire Official or hit: designate and immediately upon receiving notice of such cancellation or suspension, the permittee shall extinguish any fire started under the permit . 3. Notwithstanding the provisions of section 1 hereof, the chief fire official may, upon application, approve the setting of any fire subject to the fire being supervised by the Fire Chief of the or ';is designate. 4. Notwithstanding the provisions os section 1 hereof, open air fires may be set when such burning consists of a yrudll confined fire, supervised at all times and is used lo r-c'cF food on a grill or a barbecue, or is for personal warmth. 5. (a) No persin shall set an uncontained fire, ircludin.t not limited to a grass fire; 4b) No person shall see an open air fire in the Centra) Rusiness District of the _ _ as defined in the Official Plan. G. All persons setting an open air fire in the shall : ---- (a) he responsible for •any damage to property or injury to persons occasioned by the said fire: (b) be liable for costs incurred by the fire department , including personnel, equipment and apparatus necessary and called in to eztinquish the said fire. 7. No open air fire shall be maintained when the wind is in furl, direction oc intenisiLy so as Lo cause any or all of the following: (a) a decrease in visibility on any highway, or roac)Wdy; (b) a rapid spread of fire thrcntgh grass or a brush area. S. A farmer who intends to set or maintain a fire in the open air on a specified day for disposal of vegetable matter or vegetation on farm ).ands which is normal and incidental for farming purposes shall be issued a permit to cover the period of the proposed fire, and will be required to notify the fire department for each day of the proposed fire. 9. every person who contravenes any provision of this by-law is guilty of an offence and is liable to a fine of not more than. $2,000.00 evelnsive of c_ofttfi under the Provincial Offenses Act. 10. This by-law may be cited as Open Air Rearming 1 1 . This by- law shall come into full force and effect upon the final paeaing thereof. READ a FIRST time, this day of Bead of Council Clerk READ a SECOND and THIRD time, PASSED, SIGNED and SEALED this - day of 19 , read of Cuunu i ) ! ;i k li • SCHEDULE "A" BY-LAW t _c4_g_n_al'_o . .F..TliE -- — -- _ Fire Department PERMIT NUMBER Administration - -- Emergency Number - - Permission is hereby granted to: Name: - ---- Address: Postal Code . - _ _ -_ Telephone Number , _ _.T--- ---_ _ For the Purpose of having an Open Fire: Date: ..__.._-..-.. _____�.�..------- _._..---._._ _____�._...__.___.___._.--- Time: Location: _.._._.--• -._- Material to be burned: [-- ___.___._.___._ ...__._.._ _..,. ......_.. ._..,. ..__ „_ __ _. _ _ _ Means of Extinguishment Available: '�� _ _,__... THE APPLICANT AGREES TO COMPLY WTTH THE PROVISIONS OF RY-LAW i AS AMENDED, AND AGREES TO ASSUME ALL RESPONSIBILITY FOR ANY DAMAGES OC'CPRRTNG FROM THE FIRE COR WHICH THIS PERMIT IS ISSUED. Date Signature of Appfir.ant Date Chief Fire Official or Designate Al ) persons setting an open air fire in the _ shall first obtain a fire permit from the fire department pursuant to this section. The material to be burned shall be limited to wood or byproducts of wood. A person who has obtained a fire permit pursuant to this section shall : (a) not permit more than one (1) cubic metra of material to be burned at any one time; (b) ensure that the means of extinguishing the fire designated in the permit form is available at the site at all times during the fire; lc) the said permit shall be in accordance with S^hodille "A" above. appnd 0 1.b • The Corporation of the Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell, Ontario By-Law 95-23 Being a By-Law to authorize the Reeve and the Administrator/Clerk- Treasurer to enter into an agreement with Cyril J. Demeyere & Associates for the reconstruction of Addison Street north including Tennyson, Southey, Cowper and Homer Streets WHEREAS the Municipal Act RSO 1990 c. M.45 Section 102 provides that every council may pass such by-laws and make such regulations for the health, safety, morality and welfare of the inhabitants of the municipality in matters not specifically provided for by this Act and for governing the conduct of its members as may be deemed expedient and are not contrary to law. 1994, c.23, s. 54. AND WHEREAS the Council of the Corporationof the Village of Port Burwell deems it necessary to enter into an agreement with Cyril J. Demeyere &Associates for the engineering, tendering and supervision of the reconstruction of Addison Street north including Tennyson, Southey, Cowper and Homer Streets; The Council of the Village of Port Burwell hereby directs the Reeve and Administrator/Clerk- Treasurer to enter into the agreement as attached Schedule "A" by Cyril J. Demeyere &Associates. Read a : t and s='•ond time t.'s 25th day of April, 1995. J /_ ,f • F ice_ .. Admi!"trator/Clerk-Treasurer Read a thirdt' and fi lly passed s 25th day of April, 1995. _ .ze5 , d I", Re e / //// A ; istrator/Clerk-Treasurer 1 RECONSTRUCTION OF ADDISON STREET NORTH INCLUDING TENNYSON, SOUTHEY, COWPER AND HOMER STREETS Recommended Form of Agreement Between Client and Engineer for Professional Engineering Services Published by: O��� �O,y9 y! 2 THE ASSOCIATION OF PROFESSIONAL o�ztf ENGINEERS OF THE PROVINCE OF ONTARIO Q ONTARIO_� y �It J INCORPORATED = # Toronto, Ontario. 1,� 1922 �,�'' / tr Sa i 1977 \‘``,�� 24/6'81/2M • RECOMMENDED FORM OF AGREEMENT BETWEEN CLIENT AND ENGINEER FOR PROFESSIONAL ENGINEERING SERVICES APPROVED BY THE COUNCIL OF THE ASSOCIATION OF PROFESSIONAL ENGINEERS OF ONTARIO AGREEMENT made in duplicate this 18th day of April 19 95 BETWEEN: VILLAGE OF PORT BURWELL hereinafter referred to as the "Client", and CYRIL J. DEMEYERE LIMITED hereinafter referred to as the "Engineer". WHEREAS the Client has requested the Engineer to perform the services set out in Article It hereof in connec- tion with the Project (as hereinafter defined) and the Engineer has agreed to perform such services on and subject to the terms and conditions of this Agreement; NOW THEREFORE, in consideration of the mutual promises hereinafter contained,the Client and the Engi- neer agree as follows: Article I — DEFINITIONS: The terms defined in this Article I shall for all purposes of this Agreement have the meanings herein specified unless the context otherwise specifies or requires: I. "Association"shall mean the Association of Professional Engineers of the Province of Ontario; 2. "Project"shall mean: Reconstruction of Addison Street North including Tennyson, Southey, Cowper and Homer Streets I. 3. "Cost of the Work" shall mean the total cost to the Client of the Project, including all materials,equip- ment,labour and contractors'overhead and profit,provided that: (i) if sales taxes are not included in the Cost of the Work,the percentage fee provided for herein shall be adjusted upwards to the nearest 1/10th of I% by a factor equivalent to what the sales taxes would have been; (ii) material and equipment furnished by the Client shall be included as if purchased new, and if used material or equipment is furnished it shall be included as if purchased new; (iii) labour or other services furnished by the Client shall be included at current market prices; (iv) no deductions shall be made on account of any penalties or damages claimed by the Client from any contractor,or on account or any other sum withheld from any contractor,and (v) any fees and disbursements paid or due to the Engineer, the Client's own engineering liaison costs, legal costs,and land costs,shall not be included. 4. "Payroll Cost" is defined as salary plus payroll burden.Payroll burden equals fringe benefits expressed as a percentage of salary that provide for health and medical insurance, group life and disability insurance, company and Canada pension employer contributions,Workmen's Compensation and Unemployment In- surance but excludes bonuses or profit sharing.Salary per hour is defined as current annual salary divided by 1660 hours. The 1660 hours of available working time is based on a 37/hour week and is calculated by deducting 290 hours for vacation, statutory holidays, sick time and professional development time from 1950 hours (371/2 hours per week x 52 weeks per year.) Example: $35,000 (salary) = $16.83 per hour 40 hrs x 52 weeks HOURLY BILLING RATE = $16.83 + 29.6% payroll burden x 1.90 = $41.44/hour Article H — ENGINEERING SERVICES: The Engineer shall perform the following services in connection with the Project: 1. ENGINEERING SERVICES Design - preparation of final designs and cost estimates, working drawings, specifications and contract documents for tendering and construction - submission of final design drawings and specifications to MTO and the Ministry of Environment and Energy for approval 2. ON-SITE SUPERVISION - full-time inspector on the site for underground work - construction layout for storm sewer, catchbasins, roadbase, curb and gutter, etc. - ensure that the work is completed in accordance with the drawings and specifications - obtain field information for modifications of contract drawings to show the work "as-built" 3. GENERAL SUPERVISION - inspection during surface work - general administration during construction, which includes job meetings, approval of payment certificates, general follow-up of construction with respect to progress and costs, and certification of contract completion - measurement of quantites for payment purposes - preparation of "as-built" drawings 3. Article III — FEES: The Client shall pay to the Engineer the following fees for the performance of the services set out in Article U hereof: Fees shall be based on PAYROLL COST PLUS 90%. Payroll cost equals hourly wage plus payroll burden. • • • • 4. 1 Article IV — EXPENSES AND DISBURSEMENTS: 1. The Engineer shall be reimbursed for all expenses properly incurred by him in connection with the Project including, but not limited to, automobile mileage, reasonable travelling and living expenses,long distance telephone charges, teletype and telegraph charges, printing and reproductions, progress photography,ad- vertising for tenders, special delivery and express charges, overtime premium payments, and the cost of providing and maintaining site offices,supplies,and equipments. 2. The Engineer shall also be reimbursed at cost plus a charge of 0 %of such cost as an administrative charge for approved special consultations such as sub-surface investigations,legal surveys and chemical and physical tests. Article V — PAYMENT OF FEES AND EXPENSES: I. Payment of fees and reimbursable expenses for services performed by the Engineer for which the fee is calculated on a Time Basis shall be made within 30 days after the Engineer has forwarded to the Client his statement of account,rendered monthly. 2. Payment of fees and reimbursable expenses for services performed by the Engineer for which the fee is calculated on a Percentage of Cost of the Work shall be made within 30 days after the Engineer has forwarded to the Client his statement of account. The monthly fee shall be based upon the Engineer's monthly progress estimate pro-rated on the basis of the amount of design work completed,applied against agreed estimated construction costs. If the design of any part of the Project has been completed but tenders for the work have not been called,the fee then due to the Engineer shall either be calculated on a time basis or on the Engineer's estimates of the Cost of the Work,at the option of the Engineer. If subse• quently tenders are called and received, or the Cost of the Work is ascertained within one year of the completion of the design,then the Engineer's fee shall be adjusted accordingly. 3. Overdue accounts are subject to carrying charges at a rate of 1.0 %per month. Article VI — GENERAL TERMS AND CONDITIONS: I. Co-operation (a) The Client shall give due consideration to all designs,drawings,plans,specifications,reports,tenders, proposals, and other information provided by the Engineer,and shall make any decisions which he is required to make in connection therewith within a reasonable time so as not to delay the work of the Engineer. (b) The Client shall, at the request of the Engineer,provide the Engineer with the following information and documents relating thereto, except insofar as the Engineer is expressly required to furnish the same under the terms hereof: (i) all pertinent information which may affect the work to be done,including a correct survey of the site and existing facilities and utilities; (ii) accurate information;plans,and specifications regarding any other existing or proposed buildings or works which are involved, and insofar as such information is not available,the cost of obtain- ing the same shall be borne by the Client; (iii) copies of all bids and contracts for the work for which the Engineer is responsible and copies of all quotations, certificates for payment, and final accounts in connection with work insofar as they do not originate in the Engineer's office. 2. Plans,Specifications and Designs Any and all plans, specifications, drawings and designs furnished by the Engineer will be prepared on the assumption that all information supplied by the Client or on behalf of the Client by any person or persons other than the Engineer is correct,and the Engineer shall not be liable for any loss or damage arising from any inaccuracy in such information.The Client shall immediately notify the Engineer of any discrepancies or inaccuracies in such information as they become apparent.The Engineer shall be entitled to make any necessary change or changes in his plans,specifications,drawings,or designs at the Client's expense if any such information should be erroneous or inaccurate. 3. Compensation for Extra Work and Changes If it shall become necessary for the Engineer to make any changes in any designs, drawings, plans or specifications for any part of the Project for reasons over which he has no control, or if the Engineer is put to any extra work, cost or expense by reason of any act or matter over which he has no control,the Client shall pay to the Engineer a fee for such changes or extra work calculated on a time basis;provided that prior to the commencement of such changes or extra work the Engineer shall notify the Client in writing of his intentions to make such changes or to carry out such extra work and that the Engineer shall keep separate costs records in respect to such changes or extra work. 4. Fee for Additional and Special Services The fee for Additional and Special Services provided by the Engineer,if any,shall be calculated on a time basis unless specifically provided for in the percentage fee for other services provided for herein. (Addi- tional and Special Services, if any, and the corresponding fees payable, shall be clearly itemized under Article II and III respectively,heretofore). S. Abandonment or Suspension (a) If the Project or any part thereof is abandoned at any stage prior to completion of the design,or if any stage of the Engineer's work is unduly delayed for reasons,beyond his control, the Client shall pay to the Engineer a fee for his services from the inception of the work calculated on a time basis. (b) If the Project or any part thereof is abandoned at any stage subsequent to the completion of the design, or if any stage of the Engineer's work is unduly delayed for reasons beyond his control,the Client shall pay to the Engineer the fee for his services from inception of the work to the completion of design as provided in this Agreement, and shall pay to the Engineer a fee for his services subse- quent to the completion of design calculated on a time basis. 6. Ownership of Documents All plans, drawings, specifications, designs, construction data, and documents prepared by the Engineer shall be and remain the property of the Engineer.The Client shall be entitled to a copy of such documents for record purposes only, and shall not use or permit the use thereof for the construction of any other project without the consent of the Engineer. 7. Constructional Emergencies In the event of any constructional emergency which in the opinion of the Engineer requires immediate action in the Client's interests, the Engineer shall have authority to issue such orders and to take such steps on behalf,and at the expense,of the Client as he shall deem necessary or expedient. 8. Confidential Data The Engineer shall not divulge any confidential information communicated to or acquired by him in the course of carrying out the engineering services provided for herein. No such information shall be used by the Engineer on any other project without the approval of the Client. 9. Arbitration (a) All matters in difference between the parties hereto in relation to this Agreement shall be referred to arbitration. (b) No person shall be appointed to act as arbitrator who is in any way interested, financially or other- wise, in the conduct of the work on the Project or in the business or other affairs of either the Client or the Engineer. (c) The award of the arbitrator shall be final and binding upon the parties. (d) the provisions of The Arbitrations Act, R.S.O., 1970,Chapter 25,shall apply to the arbitration. Article VII — SUCCESSORS AND ASSIGNMENT 1. This Agreement shall enure to the benefit of, and be binding upon, the parties hereto, and except as hereinafter otherwise provided, the executors,administrators,successors and assigns. 2. If the Engineer is an individual and dies before his services hereunder have been completed, this Agree- ment shall automatically terminate as of the date of his death and the Client shall pay for the services rendered and disbursements made to the date of such termination. 6. • 3. If the Engineer is an individual and is unable to satisfactorily perform his services hereunder due to physi- cal or mental incapacity for a period of 15 consecutive days or for the aggregate of 20 days in any 2 month period the Client may terminate this Agreement on 48 hours notice to the Engineer and shall pay for the services rendered and disbursements made to the date of such termination. 4. If a party to this Agreement who is an individual should desire to bring in a partner or partners, or if a party which is a partnership should desire to bring in a new partner or partners to share the benefit and burden of this Agreement,he or it may do so but shall promptly notify the other party of such action. 5. Except as aforesaid neither party shall assign this Agreement without the consent in writing of the other. IN WITNESS WHEREOF the parties hereto have executed this Agreement on the date first above appearing. Client0,0 .ffI VIL - ' PORT BURWELL Engineer ,i16_fiyAbl, CYRIL . DEMEYERE L ITED The Corporation of the Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell, Ontario By-Law 95-24 Being a By-Law to authorize the Reeve and the Administrator/Clerk- Treasurer to enter into an agreement with Cyril J. Demeyere & Associates for the 1995 Sidewalk Program WHEREAS the Municipal Act RSO 1990 c. M.45 Section 102 provides that every council may pass such by-laws and make such regulations for the health, safety, morality and welfare of the inhabitants of the municipality in matters not specifically provided for by this Act and for governing the conduct of its members as may be deemed expedient and are not contrary to law. 1994, c.23, s. 54. WHEREAS the Council of the Corporation of the Village of Port Burwell deems it necessary to enter into an agreement with Cyril J. Demeyere & Associates for the engineering, tendering and supervision of the 1995 Sidewalk Program; The Council of the Village of Port Burwell hereby directs the Reeve and Administrator/Clerk- Treasurer to enter into the agreement as attached Schedule "A" by Cyril J. Demeyere &Associates. Read a first anj.sccond t. e th.- 25th . :v of April, 1995. i 41(1 e / i - A.m ftrator/Clerk-Treasurer Read a third • viand fin. .asses th• 5th day of April, 1995. �/�.� _ I agAir i Reev A//_ A. nistrator/Clerk-Treasurer 1 The Corporation of the Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell, Ontario By-Law 95-24 Being a By-Law to authorize the Reeve and the Administrator/Clerk- Treasurer to enter into an agreement with Cyril J. Demeyere & Associates for the 1995 Sidewalk Program WHEREAS the Municipal Act RSO 1990 c. M.45 Section 102 provides that every council may pass such by-laws and make such regulations for the health, safety, morality and welfare of the inhabitants of die municipality in matters not specifically provided for by this Act and for governing the conduct of its members as may be deemed expedient and are not contrary to law. 1994, c.23, s. 54. WHEREAS the Council of the Corporation of the Village of Port Burwell deems it necessary to enter into an agreement with Cyril J. Demeyere & Associates for the engineering, tendering and supervision of the 1995 Sidewalk Program; The Council of the Village of Port Burwell hereby directs the Reeve and Administrator/Clerk- Treasurer to enter into the agreement as attached Schedule "A" by Cyril J. Demeyere &Associates. Read a first an econd t' e th. 25th .:y of April, 1995. //liAur A.mi'Atrator/ClerkTreasurer Read a third ' /and fin. .asse th. ...5th day of April, 1995. �Ilait. a ._ /.wI Reev / • A. nistrator/Clerk-Treasurer 1 _a 1995 SIDEWALK PROGRAM Recommended Form of Agreement Between Client and Engineer for Professional Engineering Services Published by: i cofEssi ,, PROVINCE Of THE ASSOCIATION OF PROFESSIONAL o ENGINEERS OF THE PROVINCE OF ONTARIO i Q ONTARIO? S 0 J INCORPORATED 2 Toronto, Ontario. ��, 1922 a'1�) 1977 1 2416'81/2M • RECOMMENDED FORM OF AGREEMENT BETWEEN CLIENT AND ENGINEER FOR PROFESSIONAL ENGINEERING SERVICES APPROVED BY THE COUNCIL OF THE ASSOCIATION OF PROFESSIONAL ENGINEERS OF ONTARIO AGREEMENT made in duplicate this 18th day of Apri 1 19 95 BETWEEN: VILLAGE OF PORT BURWELL hereinafter referred to as the "Client", and CYRIL J. DEMEYERE LIMITED hereinafter referred to as the "Engineer". WHEREAS the Client has requested the Engineer to perform the services set out in Article II hereof in connec- tion with the Project (as hereinafter defined) and the Engineer has agreed to perform such services on and subject to the terms and conditions of this Agreement, NOW THEREFORE, in consideration of the mutual promises hereinafter contained,the Client and the Engi- neer agree as follows: Article I — DEFINITIONS: The terms defined in this Article I shall for all purposes of this Agreement have the meanings herein specified unless the context otherwise specifies or requires: I. "Association"shall mean the Association of Professional Engineers of the Province of Ontario; 2. "Project"shall mean: 1995 Sidewalk Program 3. "Cost of the Work" shall mean the total cost to the Client of the Project, including all materials,equip- ment,labour and contractors'overhead and profit,provided that: (i) if sales taxes arc not included in the Cost of the Work,the percentage fee provided for herein shall be adjusted upwards to the nearest 1/10th of 1% by a factor equivalent to what the sales taxes would have been; (ii) material and equipment furnished by the Client shall be included as if purchased new, and if used material or equipment is furnished it shall be included as if purchased new, (iii) labour or other services furnished by the Client shall be included at current market prices; (iv) no deductions shall be made on account of any penalties or damages claimed by the Client from any contractor,or on account or any other sum withheld from any contractor;and (v) any fees and disbursements paid or due to the Engineer, the Client's own engineering liaison costs, legal costs,and land costs,shall not be included. 4. "Payroll Cost" is defined as salary plus payroll burden.Payroll burden equals fringe benefits expressed as a percentage of salary that provide for health and medical insurance, group life and disability insurance, company and Canada pension employer contributions,Workmen's Compensation and Unemployment In- surance but excludes bonuses or profit sharing.Salary per hour is defined as current annual salary divided by 1660 hours. The 1660 hours of available working time is based on a 371 hour week and is calculated by deducting 290 hours for vacation, statutory holidays, sick time and professional development time from 1950 hours (371 hours per week x 52 weeks per year.) Example: $35,000 (salary) = $16.83 per hour 40 hrs- x 52 weeks - HOURLY BILLING RATE = $16.83 + 29.6% payroll burden x 1.90 = $41.44/hour • Article I! — ENGINEERING SERVICES: The Engineer shall perform the following services in connection with the Project 1. ENGINEERING SERVICES Design - preparation of final designs and cost estimates, working drawings, specifications and contract documents for tendering and construction - submission of final design drawings and specifications to MTO and the Ministry of Environment and Energy for approval 2. ON-SITE SUPERVISION - full-time inspector on the site for underground work - construction layout for storm sewer, catchbasins, roadbase, curb and gutter, etc. - ensure that the work is completed in accordance with the drawings and specifications - obtain field information for modifications of contract drawings to show the work "as-built" 3. GENERAL SUPERVISION - inspection during surface work - general administration during construction, which includes job meetings, approval of payment certificates, general follow-up of construction with respect to progress and costs, and certification of contract completion - measurement of quantites for payment purposes - preparation of "as-built" drawings h 3 Article III — FEES: The Client shall pay to the Engineer the following fees for the performance of the services set out in Article II hereof: Fees shall be based on PAYROLL COST PLUS 90%. Payroll cost equals hourly wage plus payroll burden. 4 • Article IV — EXPENSES AND DISBURSEMENTS: 1. The Engineer shall be reimbursed for all expenses properly incurred by him in connection with the Project including, but not limited to, automobile mileage, reasonable travelling and living expenses,long distance telephone charges, teletype and telegraph charges, printing and reproductions, progress photography,ad- vertising for tenders, special delivery and express charges, overtime premium payments, and the cost of providing and maintaining site offices,supplies,and equipments. 2. The Engineer shall also be reimbursed at cost plus a charge of 0 %of such cost as an administrative charge for approved special consultations such as sub-surface investigations,legal surveys and chemical and physical tests. Article V — PAYMENT OF FEES AND EXPENSES: I. Payment of fees and reimbursable expenses for services performed by the Engineer for which the fee is calculated on a Time Basis shall be made within 30 days after the Engineer has forwarded to the Client his statement of account,rendered monthly. 2. Payment of fees and reimbursable expenses for services performed by the Engineer for which the fee is calculated on a Percentage of Cost of the Work shall be made within 30 days after the Engineer has forwarded to the Client his statement of account. The monthly fee shall be based upon the Engineer's monthly progress estimate pro-rated on the basis of the amount of design work completed,applied against agreed estimated construction costs. If the design of any part of the Project has been completed but tenders for the work have not been called,the-fee then due to the Engineer shall either be calculated on a time basis or on the Engineer's estimates of the Cost of the Work,at the option of the Engineer. If subse- quently tenders are called and received, or the Cost of the Work is ascertained within one year of the completion of the design,then the Engineer's fee shall be adjusted accordingly. 3. Overdue accounts are subject to carrying charges at a rate of 1.0 %per month. Article VI — GENERAL TERMS AND CONDITIONS: 1. Cooperation (a) The Client shall give due consideration to all designs,drawings,plans,specifications,reports,tenders, proposals, and other information provided by the Engineer,and shall make any decisions which he is required to make in connection therewith within a reasonable time so as not to delay the work of the Engineer. (b) The Client shall, at the request of the Engineer,provide the Engineer with the following information and documents relating thereto, except insofar as the Engineer is expressly required to furnish the same under the terms hereof: (i) all pertinent information which may affect the work to be done,including a correct survey of the site and existing facilities and utilities; (ii) accurate information;plans,and specifications regarding any other existing or proposed buildings or works which are involved, and insofar as such information is not available,the cost of obtain- ing the same shall be borne by the Client; (iii) copies of all bids and contracts for the work for which the Engineer is responsible and copies of all quotations, certificates for payment, and final accounts in connection with work insofar as they do not originate in the Engineer's office. 2. Plans,Specifications and Designs Any and all plans, specifications, drawings and designs furnished by the Engineer will be prepared on the assumption that all information supplied by the Client or on behalf of the Client by any person or persons other than the Engineer is correct,and the Engineer shall not be liable for any loss or damage arising from any inaccuracy in such information.The Client shall immediately notify the Engineer of any discrepancies or inaccuracies in such information as they become apparent.The Engineer shall be entitled to make any necessary change or changes in his plans,specifications,drawings,or designs at the Client's expense if any such information should be erroneous or inaccurate. 3. Compensation for Extra Work and Changes If it shall become necessary for the Engineer to make any changes in any designs, drawings, plans or specifications for any part of the Project for reasons over which he has no control, or if the Engineer is put to any extra work, cost or expense by reason of any act or matter over which he has no control,the Client shall pay to the Engineer a fee for such changes or extra work calculated on a time basis;provided that prior to the commencement of such changes or extra work the Engineer shall notify the Client in writing of his intentions to make such changes or to carry out such extra work and that the Engineer shall keep separate costs records in respect to such changes or extra work. 4. Fee for Additional and Special Services The fee for Additional and Special Services provided by the Engineer,if any,shall be calculated on a time basis unless specifically provided for in the percentage fee for other services provided for herein. (Addi- tional and Special Services, if any, and the corresponding fees payable, shall be clearly itemized under Article II and Ill respectively,heretofore). 5. Abandonment or Suspension . (a) If the Project or any part thereof is abandoned at any stage prior to completion of the design,or if any stage of the Engineer's work is unduly delayed for reasons beyond his control, the Client shall pay to the Engineer a fee for his services from the inception of the work calculated on a time basis. (b) If the Project or any part thereof is abandoned at any stage subsequent to the completion of the design, or if any stage of the Engineer's work is unduly delayed for reasons beyond his control, the Client shall pay to the Engineer the fee for his services from inception of the work to the completion of design as provided in this Agreement, and shall pay to the Engineer a fee for his services subse- quent to the completion of design calculated on a time basis. 6. Ownership of Documents All plans, drawings, specifications, designs, construction'data, and documents prepared by the Engineer shall be and remain the property of the Engineer.The Client shall be entitled to a copy of such documents for record purposes only, and shall not use or permit the use thereof for the construction of any other project without the consent of the Engineer. 7. Constructional Emergencies In the event of any constructional emergency which in the opinion of the Engineer requires immediate action in the Client's interests, the Engineer shall have authority to issue such orders and to take such steps on behalf,and at the expense,of the Client as he shall deem necessary or expedient. 8. Confidential Data The Engineer shall not divulge any confidential information communicated to or acquired by him in the course of carrying out the engineering services provided for herein. No such information shall be used by the Engineer on any other project without the approval of the Client. 9. Arbitration (a) All matters in difference between the parties hereto in relation to this Agreement shall be referred to arbitration. (b) No person shall be appointed to act as arbitrator who is in any way interested, financially or other- wise, in the conduct of the work on the Project or in the business or other affairs of either the Client or the Engineer. (c) The award of the arbitrator shall be final and binding upon the parties. (d) the provisions of The Arbitrations Act, R.S-O., 1970,Chapter 25,shall apply to the arbitration. Article VII — SUCCESSORS AND ASSIGNMENT 1. This Agreement shall enure to the benefit of, and be binding upon, the parties hereto, and except as hereinafter otherwise provided,the executors,administrators,successors and assigns. 2. If the Engineer is an individual and dies before his services hereunder have been completed, this Agree- ment shall automatically terminate as of the date of his death and the Client shall pay for the services rendered and disbursements made to the date of such termination. 6. 3. If the Engineer is an individual and is unable to satisfactorily perform his services hereunder due to physi• cal or mental incapacity for a period of IS consecutive days or for the aggregate of 20 days in any 2 month period the Client may terminate this Agreement on 48 hours notice to the Engineer and shall pay for the services rendered and disbursements made to the date of such termination. 4. If a party to this Agreement who is an individual should desire to bring in a partner or partners, or if a party which is a partnership should desire to bring in a new partner or partners to share the benefit and burden of this Agreement,he or it may do so but shall promptly notify the other party of such action. 5. Except as aforesaid neither party shall assign this Agreement without the consent in wnting of the other. IN WITNESS WHEREOF the parties hereto have executed this Agreement on the date first aeove appearing. Client , ' ► 1, /, I OF POR BURWELL Engineer • A CYRIL J EMEYERE MITED • Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell, Ontario NOJ 1TO BY-LAW 95-25 • Being a By-Law to adopt the current estimates and strike the interim levies and rates of taxation for the year 1995. WHEREAS the Council of the Corporation of the Village of Port Burwell in accordance with The Municipal Act, considered the estimates of the municipality and of the Boards thereof and by virtue of The Municipal Act, R.S.O. 1990, Chap. M.45, The Ontario Unconditional Grants Act, and The Education Act, R.S.O. 1990, Chap. E.2 it is necessary that the following sums be raised by means of taxation for the year 1995. General Municipal Purposes $209,175.01 County Purposes $88,731.43 Public School Purposes $199,121.64 Separate School P%rposes $13,130.08 Total $510,158.16 AND WHEREAS all real property and business assessment rolls made for the year 1995 taxes are to be levied have been returned, revised and duly certified by the Regional Registrar of The Assessment Review Court. AND WHEREAS the Residential and Farm Assessment as defined in Section 9 of The Ontario Unconditional Grants Act, R.S.O. 1990, Chap. 0.38, and the Commercial Assessment as defined in Section 1 of the said Act have been determined on the basis of the aforementioned real property and business assessment rolls. NOW THEREFORE the Council of the Corporation of the Village of Port Burwell hereby ENACTS AS FOLLOWS: 1 1. There shall be levied and collected upon all rateable land, building and business assessment of the Corporation of the Village of Port Burwell the following rates of taxation per the attached "Schedule A" of the taxes by-law. 2. Notwithstanding the provisions of Clause 1 of this by-law, any additional taxes payable as a result of additions to the roll pursuant to Section 33 of The Assessment Act, R.S.O. 1990, shall be the portion of the amount of taxes which would have been levied for the current year is the assessment had been made in the usual way, and that portion shall he in the ratio that the number of months remaining in the current year after the month in which the notice provided for therein , is delivered or sent, bears to the number twelve, and shall be entered in the Collector's Roll and collect, in the same manner as if the assessment had been made in the usual way and more particularly described as follows: a) If the Assessment has been added to the Collectors Roll after June 30, the taxes shall be due and payable in one instalment on the 25th day of the month following the entry of the assessment in the Collector's Roll. b) If the business assessment has been added to the Collector's Roll after June 30, the business tax shall be due and payable in one instalment on the 25th day of the month following the day of entry of the assessment on the Collector's Roll. 3. The taxes shall be due and payable in two equal instalments as follows: August 25, 1995 October 27, 1995 4. The Collector is hereby authorized to mail, deliver and cause to be mailed or delivered, the notice of taxes due to the address of the residence or place of business of the person to whom such notice is required to be given. 5. Taxes shall be payable at par to the Corporation of the Village of Port Burwell Municipal Office or by mail to: The Corporation of the Village of Port Burwell Post Office Box #10, 21 Pitt Street Port Burwell, Ontario NOJ 1TO or at the Port Burwell Canadian Imperial Bank of Commerce. 2 6. There shall be imposed as a penalty for non-payment of taxes or any class or instalment thereof on the due date as specified in Clause 2 of this by-law, as the case may be, a percentage charge of one and one quarter percent (1.25% ) on the first day next after the appropriate due date, which shall be the first day of default and an additional penalty of one and one quarter percent (1.25%) shall be added on the first day of each calender month thereafter in which default continues, but in no event shall any penalty be added under this clause after the year 1995. 7. The Clerk-Treasurer and Collector of taxes (and a Bank specified under Section 386 (8)0 he and the same are hereby authorized to accept part payment from time to time on account of any taxes due and to give a receipt for such payment provided that acceptance of any such payment shall not affect the collection of any percentage charge imposed and collectable under Clause 6 hereof in respect of non-payment of any taxes or any class of taxes or of any instalment thereof. 8. In respect to the payment of taxes by tenants of lands owned by the Crown or in which the Crown has an interest provisions is hereby provided that where any such tenant has been employed either within or outside the municipality he the same employer for not less that thirty (30) days, such employer shall pay over to the Treasurer or Collector on demand out of any wages, salary or other remuneration due to such employee the amount then payable for taxes under this by-law and any such payment shall relieve the employer from any liability to the employee for the amount so paid. 9. This by-law shall come into force and take effect on the date it receives final approval. Read a fi --.nd secon. me t 's 23th day of May, 1995. Adir. • . �.. ./.�/ice • eeve / �_ i istrator/Clerk-Treasurer Read a thir. :wand fi ally/ssed t•is 23t• •ay of May, 1995. ' Re- e • / / A.mi 'strator/Clerk-Treasurer 3 Village of Port Burwell Mill Rate Calculations 1995 Schedule "A" Res&Farm Mill Res&Farm Commercial I Mill Comm&Ind I Business Mill Business Assessment Rate Levy Assessment 1 Rate Levy i Assessment Rate Levy Total Village 1,065,955 171.293 $182,590.63 97,783 201.522 $19,705.43 34,135 201.522 $6,878.95 $209,175.01 County 1,065,955 72.662 077,454.42 97,783 85.485 $8,358.98 34,135 85.485 $2,918.03 $88,731.43 Public School Board Elementary 994,197 91.970 $91,436.30 95,513 108.200 $10,334.51 33,205 108.200 $3,592.78 $105,363.59 Secondary 994,197 81.840 $81,365.08 95,513 96.280 $9,195.99 33,205 96.280 $3,196.98 $93,758.05 Separate School Board / Elementary 71,758 90.768 $6,513.33 2,270 106.786 8242.40 930 106.786 .099.31 $6,855.05 Secondary 71,758 83.088 05,962.23 2,270 97.751 0221.89 930 97.751 $90.91 08,275.03 Sub-Total $445,321.99 $48,059.20 $16,776.96 $510,158.16 LEVY1995.XLS Village of Port Burwell Budget 1995 (unaudited) Prepared by: Suzanna Dieleman Mantel,CGA David R. Free,CET,AMCT(A) Adm in itrator/C Jerk-Treasurer �� 0. PORT B/, P t -F 4.11, 01111k2 awl PORTUS REFUG\VM Setup: Consolidated Stmt of Operation SAFETY 19 May 95 Consolidated Stmt of Operation Beg: 01 Jan 95 End: 31 Dec 95 Type: B SOURCES OF FINANCING Taxation and user charges : Residential taxation 445, 321 . 57 Comm. & ind. taxation 48, 059 . 22 Business taxation 16, 776 . 93 Taxation from other government 16, 849 . 03 Water & sewer billings 286, 000 . 00 User charges 145, 110 . 85 Total taxation & user charges 958, 117 . 60 Grants : Province of Ontario 215, 068 . 00 Government of Canada 37 , 608 . 00 Other municipalities 6 , 259 . 00 Total grants 258, 935 . 00 Other: Sale of land 150, 000 . 00 Donations 68, 000 . 00 Investment income 2 , 000 . 00 Penalties\Interest - Taxation 8, 000 . 00 Penalties\Interest - Wtr\Sewer 2 , 000 . 00 Long Term Debt Funding 238, 951 . 00 Total other 468 , 951 . 00 Deduct : Amts for Cty & School boards 315, 447 .48 LPRCA Levy 0 . 00 Add: Appropriations from reserves 0 . 00 Municipal fund balances, begin ning of year To be used to offset (recovered from taxation or user charges 141, 134 . 00- Total 141, 134 . 00- Total financing available during the year 1, 229,422 . 12 APPLIED TO: CURRENT OPERATIONS General government 434, 199 . 87 Fire protection 34, 036 . 00 Other protection to persons and property 16, 474 . 00 Transportation services 116, 370 . 00 Sanitary sewers 157, 357 . 50 Waterworks system 116, 544 . 75 Garbage collection 51, 615 . 00 Description Beg: 01 Jan 95 End: 31 Dec 95 Type : B Setup: Consolidated Stmt of Operation SAFETY 19 May 95 Consolidated Stmt of Operation Beg: 01 Jan 95 End: 31 Dec 95 Type : B Recreation & culture services 16, 325 . 00 Planning and Development 12 , 000 . 00 Total Current Operations 954, 922 . 12 CAPITAL OPERATIONS Roadways 157, 500 . 00 Street lighting 15, 000 . 00 Land 0 . 00 Harbour 8 , 500 . 00 Recreation & culture services 38 , 000 . 00 Fire Fighting equipment 6, 500 . 00 Water & Sanitary Sewer System 8, 000 . 00 Other 41, 000 . 00 Total Capital Operations 274, 500 . 00 Net appropriations to reserves 0 . 00 TOTAL CURRENT & CAPITAL 1, 229, 422 . 12 Offset of operations 0 . 00 Capital operations not yet financed 0 . 00 TOTAL APPLICATIONS - YEAR 1, 229, 422 . 12 SURPLUS (DEFICIT) 0 . 00 Description Beg: 01 Jan 95 End: 31 Dec 95 Type: B Setup: Tax - Collection Detail SAFETY 18 May 95 Tax - Collection Detail Beg: 01 Jan 95 End: 31 Dec 95 Type : B RESIDENTIAL TAXATION: Residential 182, 590 . 63 Residential - supplementary 0 . 00 TOTAL RESIDENTIAL TAXATION 182, 590 . 63 COMMERCIAL TAXATION: Commercial 19, 705 . 43 Commercial - supplementary 0 . 00 TOTAL COMMERCIAL TAXATION 19, 705 . 43 BUSINESS TAXATION: Business 6, 878 . 95 Business - supplementary 0 . 00 Business - write off 0 . 00 TOTAL BUSINESS TAXATION 6 , 878 . 95 COUNTY TAXATION: County - residential 77, 454 . 00 County - residential suppl 0 . 00 County - residential w\o 0 . 00 County - commercial 8, 359 . 00 County - commercial suppl 0 . 00 County - commercial w\o 0 . 00 County - business 2, 918 . 00 County - business suppl 0 . 00 County - business w\o 0 . 00 TOTAL COUNTY TAXATION 88, 731 . 00 PUBLIC ELEMENTARY TAXATION: Public Elementary - res . 91, 436 . 30 Public Elementary - res suppl 0 . 00 Public Elementary - res w\o 0 . 00 Public Elementary - comm. 10, 334 . 51 Public Elementary - com. suppl 0 . 00 Public Elementary - w\o com. 0 . 00 Public Elementary - bus . 3 , 592 . 78 Public Elementary - bus . suppl 0 . 00 Public Elementary - w\o bus . 0 . 00 TOTAL PUBLIC ELEMENTARY 105, 363 . 59 PUBLIC SECONDARY TAXATION: Public Secondary - res . 81, 365 . 08 Public Secondary - res . suppl 0 . 00 Public Secondary - res . w\o 0 . 00 Description Beg: 01 Jan 95 End: 31 Dec 95 Type : B Setup: Tax - Collection Detail SAFETY 18 May 95 Tax - Collection Detail Beg: 01 Jan 95 End: 31 Dec 95 Type : B Public Secondary - com. 9, 195 . 99 Public Secondary - com. suppl 0 . 00 Public Secondary - com. w\o 0 . 00 Public Secondary - bus . 3 , 196 . 98 Public Secondary - bus . suppl 0 . 00 Public Secondary - bus . w\o 0 . 00 TOTAL PUBLIC SECONDARY 93 , 758 . 05 SEPARATE ELEMENTARY TAXATION: Separate elementary - res . 6, 513 . 33 Separate elementary - res . sup 0 . 00 Separate elementary - res . w\o 0 . 00 Separate elementary - com. 242 .40 Separate elementary - com. sup 0 . 00 Separate elementary - com. w\o 0 . 00 Separate elementary - bus . 99 . 31 Separate elementary - bus . sup 0 . 00 Separate elementary - bus . w\o 0 . 00 TOTAL SEPARATE ELEMENTARY 6, 855 . 04 SEPARATE SECONDARY TAXATION Separate Secondary - res . 5, 962 .23 Separate Secondary - res . sup 0 . 00 Separate Secondary - res . w\o 0 . 00 Separate Secondary - com. 221 . 89 Separate Secondary - com. sup 0 . 00 'Separate Secondary - com. w\o 0 . 00 Separate Secondary - bus . 90 . 91 Separate Secondary - bus . sup 0 . 00 Separate Secondary - bus . w\o 0 . 00 6, 275 . 03 TAXES ON ASSESSMENT 510, 157 . 72 LOCAL IMPROVEMENTS 0 . 00 TOTAL TAXES 510, 157 . 72 Penalties and interest 8, 000 . 00 Description Beg: 01 Jan 95 End: 31 Dec 95 Type : B Setup: Tax - County\Board Levys SAFETY 18 May 95 Tax - County\Board Levys Beg: 01 Jan 95 End: 31 Dec 95 Type: B Tax Levies : County of Elgin 96, 452 . 30 Public Elementary 108, 746 . 28 Public Secondary 96, 821 . 15 Separate Elementary 7, 011 . 27 Separate Secondary 6, 416 .,48 TOTAL TAX LEVIES 315, 447 .48 • Description Beg: 01 Jan 95 End: 31 Dec 95 Type : B Setup: Taxation from Other Government SAFETY 18 May 95 Taxation from Other Government Beg: 01 Jan 95 End: 31 Dec 95 Type: B TAXATION FROM OTHER GOVT: LCBO - GIL 3 , 441 . 21 MNR - GIL 13 , 407 . 82 TOTAL 16, 849 . 03 . Description Beg: 01 Jan 95 End: 31 Dec 95 Type: B Setup: Grants\Other Governments SAFETY 18 May 95 Grants\Other Governments Beg: 01 Jan 95 End: 31 Dec 95 Type : B PROVINCIAL GRANTS : Roads grant 38, 500 . 00 Roads Supplementary - Capital 50, 000 . 00 Student Grants 1, 800 . 00 EYC Grant 0 . 00 Ontario pay equity 0 . 00 Unconditional grants 106, 360 . 00 OCWA grant 0 . 00 Infrastructure grant 18, 408 . 00 TOTAL PROVINCIAL GRANTS 215, 068 . 00 FEDERAL GRANTS : Dredging grant 15, 000 . 00 Recycling grant 0 . 00 Community Futures 0 . 00 Infrastructure grant 18, 408 . 00 SEED grants, students 4, 200 . 00 TOTAL FEDERAL GRANTS 37, 608 . 00 OTHER MUNICIPALITIES : East Elgin - Tfr Station 0 . 00 Bayahm Township Harbour Grant 0 . 00 County - Urban Roads Rebate 5, 634 . 00 LPRCA (Harbour & Others) 625 . 00 TOTAL GRANTS FROM OTHER 6, 259 . 00 MUNICIPALITIES Description Beg: 01 Jan 95 End: 31 Dec 95 Type : B Setup: User Charges\Grants SAFETY 18 May 95 User Charges\Grants Beg: 01 Jan 95 End: 31 Dec 95 Type : B Amtelecom - GIL 16, 203 . 00 Bell Canada - GIL 0 . 00 Boat launches 4, 000 . 00 BTA 0 . 00 Building permits 750 . 00 Commissioner signatures 60 . 00 Development Charges 0 . 00 Dockage fees 6, 000 . 00 Dog tags 750 . 00 East Beach 2 , 000 . 00 Farmers ' Market Revenue 0 . 00 Fax income 200 . 00 Harbour Land Lease 25 , 000 . 00 552855 Ontario Inc Lease 2, 500 . 00 Library Lease - County 5 , 677 . 00 Lottery Licences 12 , 500 . 00 Minor Variances 1, 000 . 00 Miscellaneous 13 , 270 . 85 Municipal Services 7, 500 . 00 MOE 0 . 00 Non-Profit Housing 7, 500 . 00 Ping & Devel ' t Recovery 0 . 00 Photocopier income 100 . 00 Recovery from Rec Bd & Museum 16, 000 . 00 Regional Cable Systems 1, 800 . 00 Special Events 0•. 00 Tax certificates 450 . 00 Tax collection charges 2 , 100 . 00 Tax sales 1, 500 . 00 Telephone poles 0 . 00 Trailer park 0 . 00 Transfer Station UC 5 , 000 . 00 Village mugs 25 . 00 Village pins 25 . 00 Wharfinger lease 0 . 00 Work order certificates 300 . 00 Zoning Applications 1, 000 . 00 Zoning certificates 300 . 00 Sub Total 133 , 510 . 85 Summary - Museum Board 4, 000 . 00 Summary - Rec Board 7, 600 . 00 Total income - other 145, 110 . 85 Description Beg: 01 Jan 95 End: 31 Dec 95 Type : B Setup: Other General Revenue SAFETY 18 May 95 Other General Revenue Beg: 01 Jan 95 End: 31 Dec 95 Type: B OTHER: Sale of Land 150, 000 . 00 Donation Revenue 68, 000 . 00 Bank interest 2, 000 . 00 Penalties - taxes 8, 000 . 00 Penalties - water\sewer 2, 000 . 00 TOTAL OTHER 230 , 000 . 00 Description Beg: 01 Jan 95 End: 31 Dec 95 Type : B m Setup : Water\Sewer Summary SAFETY 18 May 95 Water\Sewer Summary Beg: 01 Jan 95 End: 31 Dec 95 Type: B SUMMARY WATER\SEWER Water Billings 126, 500 . 00 Sewer Billings 159, 500 . 00 Total Water and Sewer 286, 000 . 00 Penalties\Int Water 1, 000 . 00 Penalties\Int Sewer 1, 000 . 00 2, 000 . 00 Total Billing\Penalties\Int 288, 000 . 00 Description Beg: 01 Jan 95 End: 31 Dec 95 Type: B m Setup: General Government expenses SAFETY 19 May 95 General Government expenses Beg: 01 Jan 95 End: 31 Dec 95 Type : B GENERAL GOVERNMENT: Administration - salaries 63 , 327 . 25 Administration - CPP empr 1, 300 . 00 Administration - UIC 2 , 600 . 00 Administration - EHT 545 . 00 Worker' s Compensation Board 4, 700 . 00 Administration - ins, pension 7, 613 . 00 Sub total 80, 085 . 25 Auditor 5, 000 . 00 Bank charges 850 . 00 Beautification 2, 500 . 00 Boardwalk\docks 1, 500 . 00 Cleaning - Library 540 . 00 Cleaning - office 1, 500 . 00 Cleaning - OPP office 750 . 00 Computer assistance 2, 000 . 00 Computer software 2, 000 : 00 Council remuneration 16, 500 . 00 Council travel expenses 750 . 00 Courier 350 . 00 Donations 16, 000 . 00 EYC Wages 0 . 00 EYC - deductions emp 0 . 00 EYC - deductions 0 . 00 Employer Health Tax 0 . 00 Farmers ' Market Expense 0 . 00 Forms 100 . 00 Harbour - Dredging 30, 000 . 00 Heating - Library 500 . 00 Heating - Office 0 . 00 Hydro - East Beach 200 . 00 Hydro - Library 1, 150 . 00 Hydro - office 1, 000 . 00 Hydro - trailer park 0 . 00 Inner harbour taxes 3 , 500 . 00 Insurance - Village 7, 500 . 00 Land Purchase 0 . 00 Legal 6, 000 . 00 Loan interest 3 , 000 . 00 Long Point Lease 2, 500 . 00 L. P.R.C.A 2 , 000 . 00 Maintenance - East Beach 1, 000 . 00 Maintenance - Library 200 . 00 Maintenance - Office 1, 000 . 00 Maintenance - Trailer park 0 . 00 Memberships 2 , 300 . 00 Miscellaneous - gen. gov' t . 8, 274 . 62 Office Equipment 1, 000 . 00 Office supplies 3 , 800 . 00 Description Beg: 01 Jan 95 End: 31 Dec 95 Type: B Setup: General Government expenses SAFETY 19 May 95 General Government expenses Beg: 01 Jan 95 End: 31 Dec 95 Type : B Photocopier lease 3 , 800 . 00 Postage 2, 000 . 00 Promotion\Advertising 5, 000 . 00 Publications 1, 500 . 00 Seminars 1, 000 . 00 Special events (Mun Elec) 0 . 00 Small craft harbours 2 , 000 . 00 Subscriptions 600 . 00 Tax Collections 1, 500 . 00 Tax forms 600 . 00 Telephone - fax 0 . 00 Telephone - Library 0 . 00 Telephone - office 5, 000 . 00 Telephone - OPP 250 . 00 Trailer park expenses 0 . 00 Training & Education 3 , 000 . 00 Travel expenses 2 , 500 . 00 Water\sewer - Library 450 . 00 Water\sewer - office 450 . 00 Water\sewer - trailer park 0 . 00 Wharfinger 0 . 00 Writeoffs 0 . 00 Sub total 154, 914 . 62 Total expense before reserves 234, 999 . 87 Seawall 1, 200 . 00 Dev Charges & Other Reserves 0 . 00 P & I on long term debt 197, 000 . 00 Alloc ' n to Working Capital 0 . 00 Allocation to General Capital 1, 000 . 00 199, 200 . 00 GENERAL GOVERNMENT - TOTAL X 434, 199 . 87 Description Beg: 01 Jan 95 End: 31 Dec 95 Type : B Setup : Fire Department expenses SAFETY 18 May 95 Fire Department expenses Beg: 01 Jan 95 End: 31 Dec 95 Type : B FIRE DEPARTMENT EXPENSES : Wages 11, 000 . 00 11, 000 . 00 Building Maintenance 1, 500 . 00 Boat Maintenance 500 . 00 Equipment purchases - minor 2 , 000 . 00 Equipment repair\supplies 1, 500 . 00 Gasoline 300 . 00 Heating fuel 3 , 000 . 00 Health & Safety 2 , 500 . 00 Hydro 1, 000 . 00 Material 500 . 00 Memberships 75 . 00 Pager\Radio Systems 311 . 00 Subscriptions 0 . 00 Telephone 1, 700 . 00 Training 2 , 700 . 00 Truck Repairs 0 . 00 Water\Sewer 450 . 00 18, 036 . 00 Alloc ' n to Fire Truck Reserve 5, 000 . 00 TOTAL EXPENSES - FIRE DEPT 34 , 036 . 00 Description Beg: 01 Jan 95 End: 31 Dec 95 Type : B Setup: Other Protection expenses SAFETY 18 May 95 Other Protection expenses Beg: 01 Jan 95 End: 31 Dec 95 Type: B Building inspector\by-law pay 0 . 00 Buidling Inspector wages 10, 920 . 00 Build Insp - CPP 200 . 00 Build Insp - UIC 450 . 00 Build Insp - EHT 150 . 00 Build Insp - benefits 1, 404 . 00 Dog Catcher - pay 2, 200 . 00 15, 324 . 00 Building inspector courses 1, 000 . 00 Dog tags - purchase 75 . 00 Membership - building inspecto 75 . 00 Telephone - build insp. 0 . 00 1, 150 . 00 TOTAL EXPENSE OTHER PROTECTION 16, 474 . 00 Description Beg: 01 Jan 95 End: 31 Dec 95 Type : B Setup : Transportation services (exp) SAFETY 18 May 95 Transportation services (exp) Beg: 01 Jan 95 End: 31 Dec 95 Type: B TRANSPORTATION SERVICES : Roads - Wages 63 , 000 . 00 Roads - Sick Leave Benefits 0 . 00 Roads - CPP 1, 300 . 00 Roads - UIC 2 , 600 . 00 Roads - Employer Health Tax 600 . 00 Roads - insurance, pension 4, 060 . 00 71, 560 . 00 Christmas lights - install 500 . 00 Small Tools 500 . 00 Equipment rentals 500 . 00 Equipment repair - roads 4, 000 . 00 Gasoline - Roads 2 , 000 . 00 Grass cutting, Tree Trimming 1, 000 . 00 Heating - roads 0 . 00 Hydro - roads 900 . 00 Maintenance - shop 4, 000 . 00 Material - roads 15, 000 . 00 Material - shop 2, 000 . 00 Occupational Health & Safety 2, 000 . 00 Roads - clearing 1, 000 . 00 Roads - project management 0 . 00 Sand\Salt 750 . 00 Snowplowing 500 . 00 Street light hydro 6, 500 . 00 Street lights - repair 2 , 000 . 00 Telephone - roads 600 . 00 Truck repairs - Roads 500 . 00 Vehicle licences 110 . 00 Water\sewer - roads 450 . 00 44, 810 . 00 TOTAL EXPENSES - ROADS 116, 370 . 00 Description Beg: 01 Jan 95 End: 31 Dec 95 Type : B Setup: Sewage Works expenses SAFETY 18 May 95 Sewage Works expenses Beg: 01 Jan 95 End: 31 Dec 95 Type : B SEWER EXPENSES : Salaries 28, 430 . 00 Sewer - CPP 427 . 50 Sewer - UIC 750 . 00 Sewer - EHT 250 . 00 Staff support 5, 000 . 00 34, 857 . 50 Auditor 1, 500 . 00 Administrative Overhead 8, 000 . 00 Postage 1, 000 . 00 Building maintenance 1, 000 . 00 Hydro - sewage plant 1, 000 . 00 Sewage plant telephone 0 . 00 Sewer precepts 87, 000 . 00 Engineering 5, 000 . 00 Building 3 , 000 . 00 Repairs to System 0 . 00 107, 500 . 00 Reserve - Sewage Treatment Plt 5, 000 . 00 Reserve - Sewage System 5, 000 . 00 Reserve - Sewage Equipment 5, 000 . 00 TOTAL EXPENSES - SEWAGE 157, 357 . 50 Description Beg: 01 Jan 95 End: 31 Dec 95 Type: B Setup: Water Works Expense SAFETY 18 May 95 Water Works Expense Beg: 01 Jan 95 End: 31 Dec 95 Type : B WATER EXPENSES : Salaries 25, 377 . 25 Water - CPP 450 . 00 Water - UIC 667 . 50 Water - EHT 250 . 00 26, 744 . 75 Auditor 1, 500 . 00 Administrative Overhead 10, 000 . 00 Meters 3, 000 . 00 Postage for w\s bills 1, 000 . 00 Monthly water charge 24, 800 . 00 Precepts 17, 000 . 00 Repairs to system 5, 000 . 00 Engineering 5, 000 . 00 Building Maintenance 3, 000 . 00 70, 300 . 00 Reserve - Water 10, 000 . 00 Debt Repayment 9, 500 . 00 TOTAL EXPENSES - WATER 116, 544 . 75 Description Beg: 01 Jan 95 End: 31 Dec 95 Type: B Setup: Garbage Collection expenses SAFETY 18 May 95 Garbage Collection expenses Beg: 01 Jan 95 End: 31 Dec 95 Type : B GARBAGE COLLECTION SERVICES : Garbage collection 46, 615 . 00 Recycling 0 . 00 Waste management 0 . 00 Transfer Station 5, 000 . 00 TOTAL EXPENSES - GARBAGE 51, 615 . 00 Description Beg: 01 Jan 95 End: 31 Dec 95 Type : B Setup: Recreation Department SAFETY 18 May 95 Recreation Department Beg: 01 Jan 95 End: 31 Dec 95 Type: B REVENUE Bank Interest 0 . 00 Baseball fees 0 . 00 Beer Tent revenue 0 . 00 Day Camp Revenue 0 . 00 Donation Revenue 0 . 00 Miscellaneous revenue 0 . 00 Nevada Proceeds 0 . 00 Park Booth Revenue 0 . 00 Province of Ontario Grant 5 , 000 . 00 Santa Claus Parade 0 . 00 Sports Activities Revenue 0 . 00 Tub Daze Entrance fees 0 . 00 Vendor Fees 0 . 00 Municipal Temporary Loan 0 . 00 Municipal Grant 0 . 00 jobs Ontario 0 . 00 Seed Grant 2 , 600 . 00 Total Revenue 7, 600 . 00 EXPENSES Salaries 0 . 00 Salaries - ded. empl . 0 . 00 Salaries - deductions 0 . 00 Employer Health Tax Recreation 85 . 00 Recreation Director (Student) 5, 200 . 00 5, 285 . 00 Audit Costs 0 . 00 Advertising\Promotion 0 . 00 Telephone - Ball park 225 . 00 Hydro - Ball park 585 . 00 Ball park water\sewer 450 . 00 Bank charges 0 . 00 Organized sports 0 . 00 Building\land maintenance 3 , 000 . 00 Day camp expenses 0 . 00 Donations to others 0 . 00 Lottery licences 0 . 00 Miscellaneous Expenses 0 . 00 Nevada tickets 0 . 00 Nevada tickets - commission 0 . 00 Santa Claus Parade 2 , 500 . 00 Supplies 0 . 00 Tub Daze 0 . 00 6, 760 . 00 Total Expenses 12 , 045 . 00 Description Beg: 01 Jan 95 End: 31 Dec 95 Type : B Setup: Recreation Department SAFETY 18 May 95 Recreation Department Beg: 01 Jan 95 End: 31 Dec 95 Type : B Reserve - Rec Board 0 . 00 Principle & Interest repmt 0 . 00 Bridge Financing repayment 0 . 00 0 . 00 Net Income (Loss) 4, 445 . 00- Description Beg: 01 Jan 95 End: 31 Dec 95 Type : B Setup : Museum Board SAFETY 18 May 95 Museum Board Beg: 01 Jan 95 End: 31 Dec 95 Type : B REVENUE Fund Raising Revenue 0 . 00 Bank interest 0 . 00 Canada Day revenue 0 . 00 Christmas 0 . 00 Donation Revenue 0 . 00 Entrance Fee - Lighthouse 0 . 00 Entrance Fee - Museum 4, 000 . 00 Miscellaneous Revenue 0 . 00 Provincial Grant 0 . 00 Seed Grant 0 . 00 Nevada revenue - Museum 0 . 00 Total Revenue 4, 000 . 00 EXPENSES Staff salaries 0 . 00 Staff - deductions 0 . 00 Staff - ded. employer 0 . 00 Employer Health Tax - Museum 0 . 00 , 0 . 00 Audit Costs 0 . 00 Bank Charges 0 . 00 Canada Day expenses 0 . 00 Cost of Fund raising 0 . 00 Lighthouse - Hydro 230 . 00 Miscellaneous Expenses 0 . 00 Museum Maintenance 1, 200 . 00 Museum advertising 0 . 00 Museum donations expended 0 . 00 Museum heating 650 . 00 Museum Hydro 1, 300 . 00 Office Supplies 0 . 00 Museum - telephone 250 . 00 Museum - water\sewer 650 . 00 Victoria day expenses 0 . 00 Nevada Costs - Museum 0 . 00 4, 280 . 00 Total Expenses 4, 280 . 00 Reserve - Museum 0 . 00 Net Income (Loss) 280 . 00- Description Beg: 01 Jan 95 End: 31 Dec 95 Type : B Setup: Planning & Development expense SAFETY 18 May 95 Planning & Development expense Beg: 01 Jan 95 End: 31 Dec 95 Type : B PLANNING & DEVELOPMENT Architect 0 . 00 Engineering 2, 000 . 00 General planning 8, 000 . 00 Marina planning 2 , 000 . 00 Surveyor - Land 0 . 00 TOTAL EXPENSES - P & D 12 , 000 . 00 Description Beg: 01 Jan 95 End: 31 Dec 95 Type: B Setup: Roadways - Capital SAFETY 18 May 95 Roadways - Capital Beg: 01 Jan 95 End: 31 Dec 95 Type : B Engineering 0 . 00 Municipal Mapping 0 . 00 Roads - constructon 100, 000 . 00 Roads - master plan 2, 000 . 00 Roads - equipment 12, 500 . 00 Roads - Building 0 . 00 Roads - Signage 3 , 000 . 00 Sidewalks 40, 000 . 00 TOTAL ROADWAYS- CAPITAL 157, 500 . 00 Description Beg: 01 Jan 95 End: 31 Dec 95 Type: B Setup: Street Lighting - Capital SAFETY 18 May 95 Street Lighting - Capital Beg: 01 Jan 95 End: 31 Dec 95 Type : B New street lights 15, 000 . 00 TOTAL STREET LIGHTING CAPITAL 15 , 000 . 00 Description Beg: 01 Jan 95 End: 31 Dec 95 Type: B Setup: Harbour SAFETY 18 May 95 Harbour Beg: 01 Jan 95 End: 31 Dec 95 Type: B Dredging 0 . 00 Sheet Piling (LPRCA) 8, 500 . 00 Docks 0 . 00 TOTAL HARBOUR AND DOCKS 8 , 500 . 00 Description Beg: 01 Jan 95 End: 31 Dec 95 Type : B Setup: Fire Fighting Equipment SAFETY 18 May 95 Fire Fighting Equipment Beg: 01 Jan 95 End: 31 Dec 95 Type : B Fire Fighting Capital Air Tanks 0 . 00 Bunker Suits 0 . 00 First Response Equipment 1, 000 . 00 Fire Fighting Equipment 2, 500 . 00 Pager & Radios 1, 000 . 00 Truck & Accessories 0 . 00 S .C.B.A. 2, 000 . 00 TOTAL FIRE FIGHTING EQUIPMENT 6, 500 . 00 Description Beg: 01 Jan 95 End: 31 Dec 95 Type : B Setup: Sanitary Sewer System SAFETY 18 May 95 Sanitary Sewer System Beg: 01 Jan 95 End:31 Dec 95 Type: B Water system 8, 000 . 00 Sewage system 0 . 00 Sewage plant 0 . 00 TOTAL CAPITAL SANITARY SEWER 8, 000 . 00 Description Beg: 01 Jan 95 End: 31 Dec 95 Type : B Setup: Recreation & Culture - Capital SAFETY 18 May 95 Recreation & Culture - Capital Beg: 01 Jan 95 End: 31 Dec 95 Type : B RECREATION CAPITAL Sound Equipment 0 . 00 Baseball Diamond 0 . 00 Baseball Equipment 0 . 00 Market Square 38, 000 . 00 Museum Capital 0 . 00 TOTAL REC & CULTURE - CAPITAL 38, 000 . 00 Description Beg: 01 Jan 95 End: 31 Dec 95 Type: B Setup: Other - Capital SAFETY 19 May 95 Other - Capital Beg: 01 Jan 95 End: 31 Dec 95 Type : B Office Computers 0 . 00 Fax Machine 0 . 00 Misc Office Capital 0 . 00 Village Signs 2 , 000 . 00 Filing System 0 . 00 Building 39, 000 . 00 TOTAL OTHER - CAPITAL 41, 000 . 00 Description Beg: 01 Jan 95 End: 31 Dec 95 Type : B The Corporation of the Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell, Ontario By-Law 95-26 Being a By-Law to authorize the Reeve and the Administrator/Clerk-Treasurer to enter into a licence agreement with Gordon Craig to operate a marina. WHEREAS the Municipal Act RSO 1990 c. M.45 Section 102 provides that every council may pass such by-laws and make such regulations for the health, safety, morality and welfare of the inhabitants of the municipality in matters not specifically provided for by this Act and for governing the conduct of its members as may be deemed expedient and are not contrary to law. 1994, c.23, s. 54. AND WHEREAS the Council of the Corporation of the Village of Port Burwell deems it necessary to enter into a licence agreement with Gordon Craig to operate a marina. The Council of the Village of Port Burwell hereby directs the Reeve and Administrator/Clerk- Treasurer to enter into the licence agreement as attached Schedule "A". Read a : - and sec.n. tin e d day of May, 1995. / ��► AO/ —.4(4 AteR%a • Ree'• inistrator/Clerk-Treasurer Read a V. time a I fin• .y .•.sed this 23rd day of May, 1995. -eve • // A•J" istator/Clerk-Treasurer 1 THIS LICENCE AGREEMENT made this 23rd day of May, A.D., 1995. a BETWEEN: CORPORATION OF THE VILLAGE OF PORT BURWELL (hereinafter called the "Municipality" or the"Village") OF THE FIRST PART and (hereinafter called the"Licensee") OF THE SECOND PART IN CONSIDERATION of the mutual covenants contained in this Licence agreement the parties agree as follows: 1.01 Terms Defined In this Agreement: • "Licensed Premises" means the lands described in SK 1, forming part of this agreement and all buildings, boat slips, boat ramp, and all other improvements on those lands. 2.01 Licence The Village, in consideration of the licence fee and the covenants hereinafter stipulated to be paid and performed by the Licensee, hereby licences the Licensee for the term herein, to use the licensed premises for he purposes set out in this licence agreement. 3.01 Term The Licensee shall have the right to use the licensed premises for and during the term which shall be for seven months commencing May 15, 1995 to October 31, 1995. 1 4.0 Payment 4.01 The Licensee will pay a total license fee in the amount of$6,000.00. 4.02 The Licensee shall pay the license fee as stipulated in 4.01 to the Municipality as follows; a) $2,500 June 1, 1995, and; b) $2,500 on July 1, 1995, and; c) $1,000.00 on August 1, 1995 5.00 The Licensee Covenants with the Municipality as follows: 5.01 To use the Licensed Premises for the purpose of renting out boat slips and launching of boats along with the sale of gas, confections ('does not include mobile food booths selling hotdogs, french fries and similar foodstuffs) only and other products associated with the use of the licensed premises. 5.02 To pay the license fee without demand. 5.03 To maintain in good repair the Village's docks and to return those docks to the Village at the end of the Term, in the same condition as they were received by the licensee. Should any dock(s) become damaged beyond repair, or lost, when in the possession and use of the licensee, howsoever caused, the licensee agrees to replace such dock(s) to the Village's satisfaction or to pay to the Village a sum of money as compensation, which sum shall be the replacement cost of the dock(s) as determined at the sole discretion of the Village. 5.04 Workers' Compensation Insurance If the nature of the Licensee's operation is such as to place all or any of its employees under the coverage of workers' compensation or similar statutes, the Licensee also will keep in force, at its expense, during the term, workers'compensation or similar insurance affording statutory coverage and containing statutory limits. 2 5.05 Comprehensive General Liability Insurance To take out and keep in force throughout the Term comprehensive general liability insurance against claims for personal injury, death or property damage or loss arising out of all operations of the Licensee and sublicensees, concessionaires, licensees and other persons conducting business on or from the Licensed Premises, indemnifying and protecting the Municipality and the Licensee to a limit of no less than $1,000,000.00 inclusive. 5.06 Insurance Policies Each insurance policy referred to herein will: a) name the Municipality and any persons, firms or corporations designated by the Municipality as additional named insureds as their interest may appear; b) contain, if available and as appropriate, a waiver of rights of subrogation against the Municipality and the Licensee, or a cross- liability clause protecting the Municipality and other insureds designated by it against claims as if the Municipality were separately insured; and, c) contain a clause that the insurer will not cancel or change or refuse to renew the insurance without first giving the Municipality thirty (30) days prior written notice. d) All policies of insurance will be with insurers acceptable to the Municipality and in form satisfactory to the Municipality, and the Licensee will see that there is delivered to the Municipality copies of certificates of the policies. If the Licensee fails to take out or keep in force any policy of insurance referred to herein, the Municipality may do so and pay the premiums, and in that event the amount so paid as premiums plus ten percent (10 %) for overhead shall be due and payable as Rent in arrears. e) All policies will be kept in force throughout the term and during such other time as the Licensee occupies the Licensed Premises or any part thereof. 3 5.07 Indemnification of the Municipality To indemnify the Municipality and save it harmless from and against any and all claims, actions, damages, liability and expenses in connection with loss of life, personal injury or damage to property arising from any occurrence on the licensed Premises or the occupancy or use of the Licensed Premises or occasioned wholly or in part by an act or omission of the Licensee, its officers, employees, agents, customers, contractors or other invitees, licensees or concessionaires or by anyone permitted by the Licensee to be on the premises. In case the Municipality, without actual (as opposed to merely vicarious) fault on its part, is made a party to litigation begun by or against the Licensee, excepting a bona fide action by the Licensee against the Municipality, the Licensee will protect and hold the Municipality harmless and will pay all costs, expenses and reasonable legal fees incurred or paid by the Municipality in connection with the litigation. 5.08 Nuisance and Garbage - Not to cause, permit or suffer any unusual or objectionable noises or odors to emanate from the Licensed Premises. The Licensee shall deposit all garbage, debris, trash and refuse from the areas in approved containers as designated by the municipality. Garbage, debris, trash and refuse disposal shall be the responsibility of the licensee. If garbage, debris, trash and refuse is not disposed of in a timely fashion, it shall be picked up by the municipal authorities at the expense of the licensee, at a rate of$100.00 per occurrence. 5.09 Costs - To pay to the Village all costs incurred including all legal fees (on a solicitor and his own client basis) and disbursements incurred in enforcing any covenants contained in this Licence or in the event that the Licensee fails to perform its obligations and the Village assumes those obligations pursuant to the terms of this agreement, or with respect to any other litigation arising from this agreement. 5.10 Compliance with Legislation - To observe and fulfil the lawful provisions and requirements of all statutes, by-laws, rules and regulations, municipal, provincial or federal, relating to the Licensed Premises, and, in particular and, without limiting the generality of the foregoing, shall maintain all equipment and apparatus now installed or required to be installed from time to time by any authority on the Licensed Premises. 4 5.11 The Licensee agrees that he/she shall be responsible for operating and managing the licensed premises including providing health facilities as required, repairs to existing ramps and docks as required, keep the area clean and clear of garbage including disposal thereof. 5.12 The licensee shall deposit with the Village upon the execution of this agreement, the sum of $3,000.00 or a performance bond in a form acceptable to the Village, which will be held by the Village as a security for the return or replacement of the docks at the end of the term as is required in clause 5.03 of this agreement. Monies deposited as security with the Village shall be retained in trust and shall be returned to the licensee following the end of the term, without interest, upon being satisfied that the licensee is in compliance with clause 5.03. 6.00 The Municipality covenants with the Licensee as follows: 6.01 a) To permit the licensee to use the docks owned by the municipality, for the purpose of renting out docking spaces to boat users; b) To permit the licensee to charge and collect fees for boat docking and boat launching, as the licensee shall determine in its discretion; c) To permit the licensee the reasonable use of adjacent lands, as shown on schedule 'A' for daily parking only, of vehicles and trailers while using the license facilities; d) To permit the license to manage and operate the licensed premises as he/she sees fit, so long as the licensee is in compliance with the terms of this agreement and all applicable laws. 6.02 The reasonable use of surrounding land for daily parking only of vehicles and trailers while using the municipal facilities. 5 7.00 The Municipality and Licensee mutually agrees as follows: 7.01 Re-entry That the Municipality has a right of re-entry on non-payment of rent or non-performance of covenants, subject to the provisions of this Licence. 7.02 Failure to Pay Licensee Fee or Observe Covenants If the Licensee fails to pay any instalment of the licence fee or additional licence fees payable herein then the licence granted shall he terminated and the rights hereby granted to the licensee hereunder shall thereupon immediately cease and expire. 7.03 Right of Entry to Perform Covenants That if the Licensee shall default in the performance of any covenant in this Licence (except the covenant to pay rent), and if such default shall continue for ten (10) days after written notice thereof to the Licensee, the Municipality may perform that covenant on the Licensee's behalf and may enter the Licensed Premises for that purpose, and the Municipality shall not be liable to the Licensee for any loss or damage to the Licensee's property or business caused by so doing. 7.04 Signs That the Licensee shall have the right to place, a sign or signs setting out the name and business of the Licensee, provided that it shall first have obtained the Municipality's consent in writing, such consent not to he unreasonably withheld, as to the specifications and location therefore, and provided the sign or signs conform to all municipal regulations and by-laws. 7.05 No Waiver That thewaiver by the Municipality or the Licensee of a breach of a term, covenant or condition of this Licence will not be considered to be a waiver of a subsequent breach of the term, covenant or condition or of another term, covenant or condition. The subsequent acceptance of rent by the 6 Municipality will not be considered to be a waiver of a preceding breach by the Licensee of a term, covenant or condition of this Licence, and regardless of the Municipality's knowledge of the preceding breach, it will not be considered to have been waived by the Municipality or by the Licensee unless the waiver is in writing signed by the Municipality or by the Licensee, as the case may be. 7.06 Assignment The Licensee may not sublet or assign or transfer its interest in this Licence without securing the written consent of the Municipality, which consent may not be unreasonably and arbitrarily refused by the Municipality. 7.07 Notice That all notices which it may be necessary or proper for either party to serve upon the other shall be effectively served if sent postage prepaid to the following addresses: Licensee's Address: Gordon Craig goy JAZ Municipality's Address:✓ Village of Port Burwell Post Office Box #10 Port Burwell ON NOJ 1T0 7 All notices so mailed shall be deemed to have been received on the third business day after mailing provided that each party may from time to time specify in writing a new address to which any such notice shall thereafter and until further notice be sent. IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals. CORPORATION OF THE VILLAGE OF PORT BURWELL i,efi/ 7/ 9 Date �v /' ,/ �/ Re- e 4,i .ministrator/Clerk-Treasurer : r 1\ ( - Gordon Craig, Licensee V 8 .661116111161. _ 0 .0_ c=3 /r �V / • v.0 G7 a j [ L7 l 1, S` p =I, p d a • NE WON ' sr /goNYSON Sr MNR N a .i' DO ❑ C7 ❑ a I ID --tBLACK C -Ear j 151 o ❑ Q , o ` o o[ �Q S ICI AREA* Uhf (` h \ WATERLOO "- P f WA 1ERl00 QJ '-" �p� o/ ST 1 � � / 1 daml i g O / Q f PdRO(BPIG d4RA o � � ArifoXIMATE L 4 ATION D Mi:. FOR B0 3, `IIF RQCo(AG. :REAo �1RAIL a � o ❑ 0 0 • 5 5, - a i it o ❑ PI TT a�lQ ug� ° la)nl �� • U �: C7 � o • D� Q N�l Ln W 'nom L] ` M/''� d m o 1 sr �4 0 0 o �❑ ,,v, \\ —;'J -- 0 `\A , ' ci /', #n rI .I1 T LA ,< R/21 \ •\\ �- SK D VILLAGE OF PORT BURWELL n MUNICIPAL DOCKS TENDER PO Box 10 PORT BuRWELL ON NOJ ITO 1,\ 60-FC-ti ,mss 1A-t-e7 THIS LICENCE AGREEMENT made this day of May, A.D., 1995. BETWEEN: CORPORATION OF THE VILLAGE OF PORT BURWELL (hereinafter called the "Municipality" or the "Village") OF THE FIRST PART and (hereinafter called the "Licensee") OF THE SECOND PART IN CONSIDERATION of the mutual covenants contained in this Licence agreement the parties agree as follows- 1.01 Terms Defined • In this Agreement: "Licensed Premises" means the lands described in SK 1 and all buildings, boat slips, boat ramp, and all other improvements on those lands. 2.01 Licence The Village, in consideration of the licence fee and the covenants hereinafter stipulated to be paid and performed by the Licensee, hereby licences the Licensee for the term herein, to use the licensed premises for he purposes set out in this licence agreement. 3.01 Term The Licensee shall have the right to use the licensed premises for and during the term which shall he for seven months commencing May 15, 1995 to October 31, 1995. 1 4.0 Payment 4.01 The Licensee will pay a total license fee in the amount of$5,000.00. 4.02 The Licensee shall pay the license fee as stipulated in 4.01 to the Municipality as follows; a) $2,500 upon the signing of this licensee agreement, and; 4G-104 t b) $2,500 on July 1, 1995 cronD- Ai 414 t ST/Fr- 5.00 The Licensee Covenants with the Municipality as follows: 5.01 To use the Licensed Premises for the purpose of renting out boat slips and launching of boats along with the sale of gas, confections (does not include mobile food booths selling hotdogs, french fries and similar foodstuffs) only and other products associated with the use of the licensed premises. 5.02 To pay the license fee without demand. 5.03 To maintain in good repair the Village's docks and to return those dock to the Village at the end of the Term, in the same condition as they were received by the licensee. Should any dock(s) become damaged beyond repair, or lost, when in the possession and use of the licensee, howsoever caused, the licensee agrees to replace such dock(s) to the Village's satisfaction or to pay to the Village a sum of money as compensation, which sum shall be the replacement cost of the dock(s) as determined at the sole discretion of the Village. 5.04 Workers' Compensation Insurance If the nature of the Licensee's operation is such as to place all or any of its employees under the coverage of workers' compensation or similar statutes, the Licensee also will keep in force, at its expense, during the term, workers'compensation or similar insurance affording statutory coverage and containing statutory limits. 2 5.05 Comprehensive General Liability Insurance To take out and keep in force throughout the Term comprehensive general liability insurance against claims for personal injury, death or property damage or loss arising out of all operations of the Licensee and sublicensees, concessionaires, licensees and other persons conducting business on or from the Licensed Premises, indemnifying and protecting the Municipality and the Licensee to a limit of no less than $1,000,000.00 inclusive. 5.06 Insurance Policies Each insurance policy referred to herein will: a) name the Municipality and any persons, firms or corporations designated by the Municipality as additional named insureds as their interest may appear; b) contain, if available and as appropriate, a waiver of rights of subrogation against the Municipality and the Licensee, or a cross- liability clause protecting the Municipality and other insureds designated by it against claims as if the Municipality were separately insured; and, c) contain a clause that the insurer will not cancel or change or refuse to renew the insurance without first giving the Municipality thirty (30) days prior written notice. d) All policies of insurance will be with insurers acceptable to the Municipality and in form satisfactory to the Municipality, and the Licensee will see that there is delivered to the Municipality copies of certificates of the policies. If the Licensee fails to take out or keep in force any policy of insurance referred to herein, the Municipality may do so and pay the premiums, and in that event the amount so paid as premiums plus ten percent (10 %) for overhead shall be due and payable as Rent in arrears. e) All policies will be kept in force throughout the term and during such other time as the Licensee occupies the Licensed Premises or any part thereof. 3 5.07 Indemnification of the Municipality To indemnify the Municipality and save it harmless from and against any and all claims, actions, damages, liability and expenses in connection with loss of life, personal injury or damage to property arising from any occurrence on the licensed Premises or the occupancy or use of the Licensed Premises or occasioned wholly or in part by an act or omission of the Licensee, its officers, employees, agents, customers, contractors or other invitees, licensees or concessionaires or by anyone permitted by the Licensee to be on the premises. In case the Municipality, without actual (as opposed to merely vicarious) fault on its part, is made a party to litigation begun by or against the Licensee, excepting a bona fide action by the Licensee against the Municipality, the Licensee will protect and hold the Municipality harmless and will pay all costs, expenses and reasonable legal fees incurred or paid by the Municipality in connection with the litigation. 5.08 Nuisance and Garbage - Not to cause, permit or suffer any unusual or objectionable noises or odors to emanate from the Licensed Premises. The Licensee shall deposit all garbage, debris, trash and refuse from the areas in approved containers as designated by the municipality. Garbage, debris, trash and refuse disposal shall be the responsibility of the licensee. If garbage, debris, trash and refuse is not disposed of in a timely fashion, it shall he picked up by the municipal authorities at the expense of the licensee, at a rate of$100.00 per occurrence. 5.09 Costs - To pay to the Village all costs incurred including all legal fees (on a solicitor and his own client basis) and disbursements incurred in enforcing any covenants contained in this Licence or in the event that the Licensee fails to perform its obligations and the Village assumes those obligations pursuant to the terms of this agreement, or with respect to any other litigation arising from this agreement. 5.10 Compliance with Legislation - To observe and fulfil the lawful provisions and requirements of all statutes, by-laws, rules and regulations, municipal, provincial or federal, relating to the Licensed Premises, and, in particular and, without limiting the generality of the foregoing, shall maintain all equipment and apparatus now installed or required to be installed from time to time by any authority on the Licensed Premises. 4 mom w' 5.11 The Licensee agrees that he/she shall be responsible for operating and managing the licensed premises including providing health facilities as required, repairs to existing ramps and docks as required, keep the area clean and clear of garbage including disposal thereof. 5.12 The licensee shall deposit with the Village upon the execution of this agreement, the sum of $3,000.00 or a performance bond in a form acceptable to the Village, which will be held by the Village as a security for the return or replacement of the docks at the end of the term as is required in clause 5.03 of this agreement. Monies deposited as security with the Village shall be retained in trust and shall be returned to the licensee following the end of the term, without interest, upon being satisfied that the licensee is in compliance with clause 5.03. 6.00 The Municipality covenants with the Licensee as follows: 6.01 a) To permit the licensee to use the docks owned by the municipality, for the purpose of renting out docking spaces to boat users; b) To permit the licensee to charge and collect fees for boat docking and boat launching, as the licensee shall determine in its discretion; c) To permit the licensee the reasonable use of adjacent lands, as shown on schedule 'A' for daily parking only, of vehicles and trailers while using the license facilities; d) To permit the license to manage and operate the licensed premises as he/she sees fit, so long as the licensee is in compliance with the terms of this agreement and all applicable laws. 6.02 The reasonable use of surrounding land for daily parking only of vehicles and trailers while using the municipal facilities. 5 7.00 The Municipality and Licensee mutually agrees as follows: 7.01 Re-entry That the Municipality has a right of re-entry on non-payment of rent or non-performance of covenants, subject to the provisions of this Licence. 7.02 Failure to Pay Licensee Fee or Observe Covenants If the Licensee fails to pay any instalment of the licence fee or additional licence fees payable herein then the licence granted shall be terminated and the rights hereby granted to the licensee hereunder shall thereupon immediately cease and expire. 7.03 Right of Entry to Perform Covenants That if the Licensee shall default in the performance of any covenant in this Licence (except the covenant to pay rent), and if such default shall continue for ten (10) days after written notice thereof to the Licensee, the Municipality may perform that covenant on the Licensee's behalf and may enter the Licensed Premises for that purpose, and the Municipality shall not be liable to the Licensee for any loss or damage to the Licensee's property or business caused by so doing. 7.04 Signs That the Licensee shall have the right to place, a sign or signs setting out the name and business of the Licensee, provided that it shall first have obtained the Municipality's consent in writing, such consent not to be unreasonably withheld, as to the specifications and location therefore, and provided the sign or signs conform to all municipal regulations and by-laws. 7.05 No Waiver That the waiver by the Municipality or the Licensee of a breach of a term, covenant or condition of this Licence will not be considered to be a waiver of a subsequent breach of the term, covenant or condition or of another term, covenant or condition. The subsequent acceptance of rent by the 6 Municipality will not be considered to be a waiver of a preceding breach by the Licensee of a term, covenant or condition of this Licence, and regardless of the Municipality's knowledge of the preceding breach, it will not he considered to have been waived by the Municipality or by the Licensee unless the waiver is in writing signed by the Municipality or by the Licensee, as the case may be. 7.06 Assignment The Licensee may not sublet or assign or transfer its interest in this Licence without securing the written consent of the Municipality, which consent may not be unreasonably and arbitrarily refused by the Municipality. 7.07 Notice That all notices which it may be necessary or proper for either party to serve upon the other shall be effectively served if sent postage prepaid to the following addresses: Licensee's Address: Municipality's Address: Village of Port Burwell Post Office Box #10 Port Burwell ON NOJ 1T0 7 All notices so mailed shall be deemed to have been received on the third business day after mailing provided that each party may from time to time specify in writing a new address to which any such notice shall thereafter and until further notice be sent. IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals. CORPORATION OF THE VILLAGE OF PORT BURWELL Date Reeve N 8 /( Lgt.ek,e_i_. ?7 sly I.3OX 27 Z tc9A T J U) / 0 8 ll �� I o 1 u aLdJ JI — ��I p!I I �E1 o . s. n":11 ptsO 1 C3 ❑ 9 Co 0 t. .1:-. , d g D risTi; oam/ r CM AREA* / I o �7 Uj o 0 o O -. Qd°c7 p ,��e3 En E 0 1 :3 ; ❑ -ARMING o ❑ p� 0 6-_-___j_11-701 \ ' • L..‘:„...__ ‘r:41111111:C: i q i"ill i I 1)4 II I 5110A I 0. co i i CP, C71 g 0 ill: .±:s Ec3 c;3° ci C ,ft_ [Li cz:3 cx CD �� o0 o up,, 0 Q 1 o .--'' aa«TOCii fl �❑ � 04❑ 0 .1 f' b0 ° a 14 ED �, o f Q 0� C? o °� I o f Qo C3 , o ❑ �� a� N a = id's, 0�4 _ na �,p o II o � ,I O \\ \� U \n\ TT p ;� 0 4 of o �a Q o p L o 1` pc) !1 .. I 0 20 0_1 o 7.,,, I D / is $ CO P 0 VILLAGE Or PORT BURWELL X 4 0 PORT BURWELL MARINA TENDER `\ PO Boz 10 C PORT BURWELL ON NOJ ITO \ I —A EG OC sY � • \, \ .ct \ Oi\--77 0 The Corporation of the Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell, Ontario By-Law 95-27 Being a By-Law to authorize the Reeve and the Administrator/Clerk- Treasurer to enter into an agreement with Higgs & Higgs Incorporated for the removal of bottom material from within the Big Otter Creek. WHEREAS the Municipal Act RSO 1990 c. M.45 Section 102 provides that every council may pass such by-laws and make such regulations for the health, safety, morality and welfare of the inhabitants of the municipality in matters not specifically provided for by this Act and for governing the conduct of its members as may be deemed expedient and are not contrary to law. 1994, c.23, s. 54. AND WHEREAS the Council of the Corporation of the Village of Port Burwell upon the completion of a public tender for dredging services deems it necessary to enter into an agreement with Higgs & Higgs Incorporated based on a fixed hourly rate for the removal of an amount to be determined at a later date, bottom material from within the Big Otter Creek basin at/near the mouth of the Otter Creek (as illustrated on the attached sketch). The Council of the Village of Port Burwell hereby directs the Reeve and Administrator/Clerk-Treasurer to enter into the agreement as attached Schedule "A". Read a first second ti this 23rd +ay of May, 1995. sp- Reev A.mi rator/Clerk-Treasurer Read a th' . time and nally asse. this 23rd day of May, 1995. IIIA , at ` r eve /G✓'� • istrator/clerk-Treasurer 1 Standard Construction Document—CCDC 2— 1982 AGREEMENT BETWEEN OWNER AND CONTRACTOR for use when a stipulated price forms the basis of payment and to be used only with the General Conditions of the Stipulated Price Contract. This Agreement made on the / �� day of tJ `"' /- in the year nineteen hundred and. . . /teLs/.Y..y . . /.J. d by and between a7/‘41‘.47 .! . . . .4� .Z �G2.R�t1.�,r�.:lO..rY. . .47, . moi�.� . hereinafter called the "Owner" and 4/6 ‘. ,4S . . . . ,/t/.C, hereinafter called the"Contractor" witnesses:that the parties agree as follows ARTICLE A-1 THE WORK The Contractor shall: Otter.(a) perform the Work required by the Contract Documents for .brc Ottc(. (. re c rnserr hire the nue of the Work and the Protect) (b) do and fulfill everything indicated by this Agreement, and (C) commence the Work by the . . . CD day of . . .,�unG 19.95 and attain Substantial Performance of the Work, as certified by the Consultant, by the . ..0.. . . . day of. . .� 19545.- CCDC 9.gS'CCDC 2— 1982 File 00510 1 ARTICLE A-3 CONTRACT PRICE The Contract Price is. aZ i �1' C�.JC� �Gf0.� .1#� if t!:. rW4)(` v dotlars (_ ) in Canadian funds, which price shall be subject to adjustments as may be required in accordance with the provisions of the Contract Documents. ARTICLE A-4 PAYMENT (a) Subject ti) applicable legislation and the provisions of the Contract Documents, and in accordance with legislation and statutory regulations respecting holdback percentages and, where such legislation or regula- tions do not exist or apply, subject to a holdback of br 'c0 percent( 10 %), the Owner shall: (1) make monthly payments in Canadian funds to the Contractor on account of the Contract Price. The amounts of such payments shall be as certified by the Consultant, and (2) upon Substantial Performance of the Work as certified by the Consultant pay to the Contractor the unpaid balance of holdback monies then due, and (3) upon Total Performance of the Work as certified by the Consultant pay to the Contractor the unpaid balance of the Contract Price then due. (b) In the event of loss or damage occuring where payment becomes due under the property and boiler insurance policies, payments shall be made to the Contractor in accordance with the provisions of GC 20 — INSURANCE. lc) If the Owner fails to make payments to the Contractor as they become due under the terms of this Contract or in an award by arbitration or court, interest of /.L percent ( %)per annum on such unpaid amounts shall also become due and payable until payment. Such interest shall be calculated and added to any unpaid amounts monthly. ARTICLE A-5 RIGHTS AND REMEDIES (a) The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 1b) No action or failure to act by the Owner, Consultant or Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder,except as may be specifically agreed in writing. CCDC 2 - 1982 Fib 00610 3 ARTICLE A-9 SUCCESSION The General Conditions of the Stipulated Price Contract hereto annexed and the other aforesaid Contract Documents, are to be read into and form part of this Agreement and the whole shall constitute the Contract be- tween the parties and subject to law and the provisions of the Contract Documents shall enure to the benefit of and be binding upon the parties hereto, their respective heirs, legal representatives, successors and assigns. In witness whereof the parties hereto have executed this Agreement under their respective corporate seals and by the hands of their proper officers thereunto duly authorized. SIGNED, SEALED AND DELIVERED in the presence of: OWNER . 1..1"Cile* o-4* tart. 14""4 cl‘ MIRO signstunt •0,Qa//-)- .,1� �v ;�.erf.C�;V�/ ''�f . . . 7-. ' - 7 ., ,ls _�,�c��1dt!�P��� none and ties . ,.. e (1°16"iti. witness /c.-fr44 d.)j,. ./E/�'a �? 44(. 4 /4inoc.reed� .42.1.44,‹ ,,�sJ. name end tide none end srk CONTRACTOR 'ggS. . ;. .T7V name J�� �JJ • • • .7.'74 21/77r.' . . i . . . . = .t name end Ode signature wanes3 name and ads name and tide N.B. Where legal jurisdiction, local practice, or Owner or Contractor requirement calls for proof of authority to ex- ecute this document, proof of such authority in the form of a certified copy of a resolution naming the person or persons in question as authorized to sign the Agreement for and on behalf of the corporation or partnership,parties to this Agreement,should be attached. rrnr 7 — 151112 Fi N 00610 6 Standard Construction Document—CCDC 2—1982 DEFINITIONS The following Definitions shall apply to all Contract Documents. 1. The Contract The Contract Documents form the Contract. The Contract is the undertaking by the parties to perform their respective duties, responsibilities and obligations as prescribed in the Contract Documents and represents the entire agreement between the parties. The Contract supersedes all prior negotiations, representations or agreements, either written or oral, including the bidding documents. The Contract may be amended only as provided in the General Conditions of the Contract. 2. Contract Documents The Contract Documents consist of the executed Agreement between the Owner and Contractor, the General Conditions of the Contract, Supplementary Conditions, Definitions, specifications, drawings and such other documents as are listed in Article A-2 - CONTRACT DOCUMENTS including amendments thereto incorporated before the execution of the Contract and subsequent amendments thereto made pur- suant to the provisions of the Contract and agreed upon between the parties. 3. Owner The Owner is the person, firm or corporation identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number and masculine in gender. The term Owner means the Owner or his authorized agent or representative as designated to the Contractor in writing but does not include the Consultant. 4. Consultant The Consultant is the person, firm or corporation identified as such in the Agreement, and is an Architect or Engineer licensed to practice in the province or territory of the Place of the Work, and is referred to throughout the Contract Documents as if singular in number and masculine in gender. 5. Contractor The Contractor is the person, firm or corporation identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number and masculine in gender. The term Contrac- tor means the Contractor or his authorized representative as designated to the Owner in writing. 6. Subcontractor A Subcontractor is a person, firm or corporation having a direct contract with the Contractor to perform a part or parts of the Work, or to supply products worked to a special design according to the Contract Documents, but does not include one who merely supplies products not so worked. The term Subcontrac- tor is referred to throughout the Contract Documents as if singular in number and masculine in gender. 7. The Project The Project means the total construction contemplated of which the Work may be the whole or a part. 8. The Work The Work means the total construction and related services required by the Contract Documents. 9. Products Products means material, machinery, equipment and fixtures forming the Work but does not include machinery and equipment used for preparation, fabrication, conveying and erection of the Work and nor- mally referred to as construction machinery and equipment. 10. Other Contractor Other Contractor means a person, firm or corporation employed by or having a separate contract directly or indirectly with the Owner for work other than that required by the Contract Documents. 11. Place of the Work The Place of the Work is the designated site or location of the Project of which the Work may be the whole or a part. CCDC 2 - 1962 File 00510 7 GC 4 DELAYS 4.1 If the Contractor is delayed in the performance of the Work by an act or omission of the Owner, Consultant, Other Contractor, or anyone employed or engaged by them directly or indirectly, contrary to the provisions of the Contract Documents, then the Contract Time shall be extended for such reasonable time as the Consultant may decide in consultation with the Contractor. The Contractor shall be reimbursed by the Owner for reasonable costs incurred by the Contractor as the result of such delay. 4.2 If the Contractor is delayed in the performance of the Work by a stop work order issued by a court or other public authority and providing that such order was not issued as the result of an act or fault of the Contrac- tor or anyone employed or engaged by him directly or indirectly, then the Contract Time shall be extended for such reasonable time as the Consultant may decide in consultation with the Contractor. The Contrac- tor shall be reimbursed by the Owner for reasonable costs incurred by the Contractor as the result of such delay. 4.3 If the Contractor is delayed in the performance of the Work by labour disputes, strikes, lock-outs (including lock-outs decreed or recommended for its members by a recognized contractors' association, of which the Contractor is a member or to which the Contractor is otherwise bound), fire, unusual delay by common carriers or unavoidable casualties or, without limit to any of the foregoing, by a cause beyond the Contractor's control, then the Contract Time shall be extended for such reasonable time as the Consultant may decide in consultation with the Contractor, but in no case shall the extension of time be less than the time lost as the result of the event causing the delay, unless such shorter extension be agreed to by the Contractor. The Contractor shall not be entitled to payment for costs incurred as the result of such delays unless such delays are as the result of actions by the Owner. 4.4 No extension shall be made for delay unless written notice of claim is given to the Consultant not later than fourteen 114) days after the commencement of delay, providing however, that in the case of a continuing cause of delay only one notice of claim shall be necessary. 4.5 If no schedule is made under GC 2 - ADDITIONAL INSTRUCTIONS. no claim for delay shall be allowed because of failure to furnish instructions until fourteen i 14I days after demand for such instructions has been made and not then unless such claim is reasonable. 4 6 The Consultant will not, except by written notice to the Contractor, stop or delay the Work pending instructions or proposed changes in the Work. GC5 OWNER'S RIGHT TO PERFORM WORK OR STOP THE WORK OR TERMINATE CONTRACT 5.1 If the Contractor should be adjudged bankrupt, or makes a general assignment for the benefit of creditors because of his insolvency or if a receiver is appointed because of his insolvency, the Owner may, without prejudice to any other right or remedy he may have, by giving the Contractor or receiver or trustee in bankruptcy written notice, terminate the Contract. 5.2 If the Contractor should neglect to prosecute the Work properly or otherwise fails to comply with the requirements of the Contract to a substantial degree and if the Consultant has given a written statement to the Owner and Contractor that sufficient cause exists, the Owner may notify the Contractor in writing that he is in default of his contractual obligations and instruct him to correct the default in the five (51 working days immediately following the receipt of such notice. 5.3 If the correction of the default cannot be completed in the five (5) working days specified, the Contractor shall be in compliance with the Owners instructions if he: (a) commences the correction of the default within the specified time, and (b) provides the Owner with an acceptable schedule for such correction, and (c) completes the correction in accordance with such schedule. 5.4 If the Contractor fails to correct the default in the time specified or subsequently agreed upon, the Owner, without prejudice to any other right or remedy he may have, may: (a) correct such default and deduct the cost thereof from any payment then or thereafter due the Con- tractor provided the Consultant has certified such cost to the Owner and the Contractor, or (b) terminate the Contractor's right to continue with the Work in whole or in part or terminate the Contract. 5.5 If the Owner terminates the Contractor's right to continue with the Work under the conditions set out in this General Condition, he shall: (a) be entitled to take possession of the premises and products and utilize the construction machinery and equipment the whole subject to the rights of third parties, and finish the Work by whatever method he may consider expedient but without undue delay or expense, and (b) withhold further payments to the Contractor until the Work is finished, and CCDC 2 — 1982 File 00710 11 GC 13 APPLICATIONS FOR PAYMENT 13.1 Applications for payment on account may be made monthly as the Work progresses. 13.2 Applications for payment shall be dated the last day of the agreed monthly payment period and the amount claimed shall be for the value, proportionate tc the amount of the Contract, of work performed and products delivered to the Place of the Work at that date. 13.3 The Contractor shall submit to the Consultant, at least fourteen (14) days before the first application for payment, a schedule of values of the various parts of the Work, aggregating the total amount of the Con- tract Price and divided so as to facilitate evaluation of applications for payment. 13.4 This schedule shall be made out in such form and supported by such evidence as to its correctness as the Consultant may reasonably direct and when approved by the Consultant shall be used as the basis for applications for payment, unless it be found to be in error. 13.5 When making applications for payment, the Contractor shall submit a statement based upon this schedule. Claims for products delivered to the Place of the Work but not yet incorporated into the Work shall be supported by such evidence as the Consultant may reasonably require to establish the value and delivery of the products. 13.6 Applications for release of holdback monies following Substantial Performance of the Work and the application for final payment shall be made at the time and in the manner set forth in GC 14 — CER- TIFICATES AND PAYMENTS. GC 14 CERTIFICATES AND PAYMENTS 14.1 The Consultant will, no later than ten 1101 days after the receipt of an application for payment from the Contractor submitted in accordance with GC 13 —APPLICATIONS FOR PAYMENT, issue a certificate for payment in the amount applied for or in such other amount as he determines to be properly due. If the Consultant amends the application, he will promptly notify the Contractor in writing giving his reasons for the amendment. 14.2 The Owner shall make payment to the Contractor on account in accordance with the provisions of Article A-4 — PAYMENT no 'ater than five 15) days after the issuance of a certificate for payment by the Consultant. 14.3 The Consultant will, no later than ten 1101 days after the receipt of an application from the Contractor for a certificate of Substantial Performance of the Work, make an inspection and assessment of the Work to verify the validity of the application. The Consultant will, no later than seven 171 days after his inspection, notify the Contractor of his approval or the reasons for his disapproval of the application. When the Con- sultant finds that Substantial Performance of the Work has been reached he will issue such a certificate. The date of Substantial Performance of the Work shall be as stated in this certificate. Immediately follow- ing the issuance of the certificate of Substantial Performance of the Work, the Consultant, in consultation with the Contractor, will establish a reasonable date for the Total Performance of the Work. 14 4 Immediately following the issuance of the certificate of Substantial Performance of the Work the Consultant will issue a certificate for payment of holdback monies. The holdback monies authorized by this certificate shall become due and payable on the day following the expiration of the statutory limitation period stipulated in the lien legislation applicable to the Place of the Work or where such legislation does not exist or apply in accordance with such other legislation, industry practice or such other provisions which may be agreed to between the parties. providing that the Owner may retain out of such holdback monies any sums required by law to satisfy any liens against the Work or other monetary claims against the Contractor and enforceable against the Owner and that the Contractor has submitted to the Owner a sworn statement that all accounts for labour, subcontracts, products, construction machinery and equip- ment and other indebtedness which may have been incurred by the Contractor in the Substantial Performance of the Work and for which the Owner might in any way be held responsible have been paid in full except holdback monies properly retained. 14.5 Where legislation permits and where, upon application by the Contractor, the Consultant has certified that the work of a Subcontractor has been totally performed to his satisfaction prior to the Substantial Per- formance of the Work, the Owner shall pay the Contractor the holdback retained for such Subcontractor on the day following the expiration of the statutory limitation period for such Subcontractor stipulated in the lien legislation applicable to the Place of the Work. 14.6 Notwithstanding the provisions of paragraph 14.5 and notwithstanding the wording of such certificates the Contractor shall ensure that such work is protected pending the Total Performance of the Work and be responsible for the correction of defects in it regardless of whether or not they were apparent when such certificates were issued. CCOC2 — 1982 File 00710 15 (dl Property and Boiler Insurance: (1) All risks property insurance shall be in the joint names of the Contractor, the Owner and the Consultant, insuring not less than the sum of the amount of the Contract Price and the full value, as stated in the Supplementary Conditions, of products that are specified to be provided by the Owner for incorporation into the Work, with a deductible not exceeding one percent of the amount insured at the site of the Work. The form of this insurance shall be the latest edition of CCDC Form 201 and shall be maintained continuously until ten (10) days after the date of Total Performance of the Work, as set out in the certificate of Total Performance of the Work. (2) Boiler insurance insuring the interests of the Contractor, the Owner and the Consultant for not less than the replacement value of boilers and pressure vessels forming part of the Work. The form of this insurance shall be the latest edition of CCDC Form 301 and shall be maintained con- tinuously from commencement of use or operation of the property insured and until ten (10)days after the date of Total Performance of the Work, as set out in the certificate of Total Performance of the Work. (3) Should the Owner wish to use or occupy part or all of the Work he shall give thirty (30) days writ- ten notice to the Contractor of the intended purpose and extent of such use or occupancy. Prior to such use or occupancy the Contractor shall notify the Owner in writing of the additional premium cost, if any, to maintain property and boiler insurance, which shall be at the Owner's expense. If because of such use or occupancy the Contractor is unable to provide coverage, the Owner upon written notice from the Contractor and prior to such use or occupancy shall provide, maintain and pay for property and boiler insurance insuring the full value of the Work, as in sub- paragraphs (1) and (2), in CCDC Forms 201 and 301, including coverage for such use or occu- pancy and shall provide the Contractor with proof of such insurance. The Contractor shall refund to the Owner the unearned premiums applicable to the Contractor's policies upon termination of coverage. (4) The policies shall provide that, in the event of a loss or damage, payment shall be made to the Owner and the Contractor as their respective interests may appear. The Contractor shall act on behalf of the Owner and himself for the purpose of adjusting the amount of such loss or damage payment with the Insurers. When the extent of the loss or damage is determined the Contractor shall proceed to restore the Work. Loss or damage shall not affect the rights and obligations of either party under the Contract except that the Contractor shall be entitled to such reasonable ex- tension of Contract Time relative to the extent of the loss or damage as the Consultant may decide in consultation with the Contractor (5) Payment for loss or damage: The Contractor shall be entitled to receive from the Owner, in addition to the amount due under the Contract, the amount at which the Owner's interest in restoration of the Work has been ap- praised, such amount to be paid as the restoration of the Work proceeds and in accordance with the requirements of GC 13 —APPLICATIONS FOR PAYMENT and GC 14 — CERTIFICATES AND PAYMENTS. In addition the Contractor shall be entitled to receive from the payments made by the Insurer the amount of the Contractor's interest in the restoration of the Work. 16) The Contractor shall be responsible for deductible amounts under the policies except where such amounts may be excluded from the Contractor's responsibility by the terms of GC 21 — PRO- TECTION OF WORK AND PROPERTY and GC 22 — DAMAGES AND MUTUAL RESPON- SIBILITY. (7) In the event of loss or damage to the Work arising from the work of an Other Contractor, the Owner, in accordance with his obligations under GC 9 — OTHER CONTRACTORS, paragraph 9.2, shall pay the Contractor the cost of restoring the Work as the restoration,of the Work proceeds and in accordance with the requirements of GC 13 — APPLICATIONS FOR PAYMENT and GC 14 — CERTIFICATES AND PAYMENTS. lel Contractors' Equipment Insurance: All risks contractors' equipment insurance covering construction machinery and equipment used by the Contractor for the performance of the Work, including boiler insurance on temporary boilers and pressure vessels, s gall be in a form acceptable to the Owner and shall not allow subrogation claims by the Insurer against the Owner. The policies shall be endorsed to provide the Owner with not less than fifteen 115) days written notice in advance of cancellation, change or amendment restricting coverage. Subject to satisfactory proof of financial capability by the Contractor for self-insurance of his equipment, the Owner agrees to waive the equipment insurance requirement. 20.2 Unless specified otherwise the duration of each insurance policy shall be from the date of commencement of the Work until the date of Total Performance of the Work, as set out in the certificate of Total Performance of the Work. CCDC 2 — 1982 File 00710 19 32.4 The Consultant may order any part or parts of the Work to be specially examined should he believe that such work is not in accordance with the requirements of the Contract Documents. If, upon examination such work be found not in accordance with the requirements of the Contract Documents, the Contractor shall correct such work and pay the cost of examination and correction. If such work be found in accordance with the requirements of the Contract Documents, the Owner shall pay the cost of examina- tion and replacement. 32.5 The Contractor shall furnish promptly to the Consultant two (2) copies of certificates and inspection reports relating to the Work. GC 33 REJECTED WORK 33.1 Defective work, whether the result of poor workmanship, use of defective products, or damage through carelessness or other act or omission of the Contractor and whether incorporated in the Work or not, which has been rejected by the Consultant as failing to conform to the Contract Documents shall be removed promptly from the Place of the Work by the Contractor and replaced or re-executed promptly in accordance with the Contract Documents at the Contractor's expense. 33.2 Other Contractors' work destroyed or damaged by such removals or replacements shall be made good promptly at the Contractor's expense. 33.3 If in the opinion of the Consultant it is not expedient to correct defective work or work not performed in accordance with the Contract Documents, the Owner may deduct from the monies otherwise due to the Contractor the difference in value between the work as performed and that called for by the Contract Documents, the amount of which will be determined in the first instance by the Consultant. GC 34 SHOP DRAWINGS 34.1 The term "shop drawings" means drawings, diagrams, illustrations, schedules, performance charts, brochures and other data which are to be provided by the Contractor to illustrate details of a portion of the Work. 34.2 The Contractor shall arrange for the preparation of clearly identified shop drawings as called for by the Contract Documents or as the Consultant may reasonably request. 34.3 Prior to submission to the Consultant the Contractor shall review all shop drawings. By this review the Contractor represents that he has determined am verified all field measurements, field construction criteria. materials, catalogue numbers and similar data or will do so and that he has checked and co- ordinated each shop drawing with the requirements of the Work and of the Contract Documents. The Contractor's review of each shop drawing shall be indicated by stamp, date, and signature of a responsible person. 34.4 The Contractor shall submit shop drawings to the Consultant for his review with reasonable promptness and in orderly sequence so as to cause no delay in the Work or in the work of Other Contractors. If either the Contractor or the Consultant so requests they shall jointly prepare a schedule fixing the dates for sub- mission and return of shop drawings. Shop drawings shall be submitted in the form of reproducible transparencies or prints as the Consultant may direct. At the time of submission the Contractor shall notify the Consultant in writing of any deviations in the shop drawings from the requirements of the Contract Documents. 34.5 The Consultant will review and return shop drawings in accordance with any schedule agreed upon, or otherwise with reasonable promptness so as to cause no delay. The Consultant's review will be for conformity to the design concept and for general arrangement only and such review shall pot relieve the Contractor of responsibility for errors or omissions in the shop drawings or of responsibility for meeting all requirements of the Contract Documents unless a deviation on the shop drawings has been approved in writing by the Consultant. 34.6 The Contractor shall make any changes in shop drawings which the Consultant may require consistent with the Contract Documents and resubmit unless otherwise directed by the Consultant. When resubmit- ting, the Contractor shall notify the Consultant in writing of any revisions other than those requested by the Consultant. GC 35 CASH ALLOWANCES 35.1 The Contract Price includes cash allowances stated in the Contract Documents. 35.2 Cash allowances, unless otherwise specified, cover the net cost to the Contractor of services, products, construction machinery and equipment, freight, unloading, handling, storage, installation and other authorized expenses incurred in performing the work stipulated under the cash allowances. 35.3 The Contract Price, and not the cash allowances, includes the Contractor's overhead and profit in connection with such cash allowances. CCDC 2 — 1982 File 00710 23 Village of Port Burwell Dredging Tender Analyte May 12, 1995 Company DRAGLINE TRUCKING PROPWASH $/Hr Equipment Bucket size Year of Mft DL Cost $/Hr #Trucks Truck Cost S/Hr Equipment PW Cost Total Price Black Creek Marine without dewatering $ 6500 Coring Dragline 5/8 yd 1465 $30,420 $ 86.00 2 $40,248 $ 90.00 Steel Tug $7,200 $77,868 with dewatering $ 110.00 Coring Dragline 1 5 yd 1965 $51,480 $ 86.00 2 $40,248 $ 90.00 Steel Tug $7,200 $98,928 Terry Cox without dewatering $ 95.00 Line Dragline 2 vd mid 70. $28,500 $ 190.00 2 or 3 $45,000 $ 250.00 Twin Engine $8,750 $82,250 with dewatering $ 95.00 Line Dragline 2 yd mid 70s $29,450 $ 190.00 2 or 3 $49,400 $ 250.00 Twin Engine $8,750 $87,600 Higgs N Higgs without dewatering $ 100.00 Link-Belt Dragline 2 yd 1987 $30,000 $ 40.00 2 $24,000 NP NP NA $54,000 with dewatering S 100.00 Link-Belt Dragline 2 yd 1987 $30,000 $ 40.00 2 $24,000 NP NP NA $54,000 I Norris(Polder 6'Dykes) without dewatering NP $0 with dewatering S 89.00 Dominion Dragline 3 yd 1964 $16,020 $ 39.00 1 to 4 $21,450 $ 48.00 Self Propelle $4,800 $42,270 Pnp.rad by S.,aann.D..Le,.a M.r,t i,CGA R..",...d by D..,,d R Fn.,CET,AMCT(A) DREDGE.XLS Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell, Ontario NOJ 1TO Tender Maintenance Dredging Big Otter Creek and Outer Habour Area General Description of Work This project involves the removal of approximately 36,000 cubic metres of bottom material from within the Big Otter Creek basin at/near the mouth of the Otter Creek (as illustrated on the attached sketch) by "Drag Line" Method of dredging and approximately 18,000 cubic metres of bottom material from the outer harbour area by"Prop Washing" method of dredging. The proposed bottom elevation, after dredging, is 2.0 meters below the existing water level. All dredgeate which, from available information, consisting of silt and sand, extracted by "Drag Line " dredging must be disposed on land in accordance to SK 1 or an Ontario Ministry of Environment approved site. a. All 'Drag Line" operations will he performed from the east bank of the Otter Creek; equipment operations are permitted on the Wharf. b. All "Prop Washing" operations will be performed from a boat and material from the area as shown in order to provide an area which is 2.0 meters below the existing water level (-1.0m International Great Lakes Datum). c. The Municipality will not undertake to mark the dredge area according to attached sketch however shall confirm by conventional means the depth dredged. d. The dredgate may require dewatering prior to transportation to the on- land location or the Ontario Ministry of Environment approved disposal site. If dewatering is deemed necessary by the Corporation, a temporary stockpile area, approved by the Village of Port Burwell and Ontario Ministry of the Environment, will be advised. Silt fence shall be erected in all locations where dredgate may be endanger of 1 flowing into the Otter Creek or other bodies of water by mean of storm water runoff. e. The dredgate located within the municipality as identified on SK 1 shall he distributed and graded to fill slopes in the immediate area as identified to a finished grade of not more than 3:1. A 0.10m layer of Top Soil shall be provided free of deleterious material including hydroseeding the total area with a standard MTO approved grass seed mixture. A sample shall be submitted to the Municipality for approval. f. The Port Burwell Marina shall he responsible for securing all Environmental Approvals and Work Permits, necessary for this project, from the Ontario Ministry of the Environment, Ontario Ministry of Natural Resources and Transport Canada. g. The Administrator/Clerk-Treasurer shall act as the agent for the \Tillage of Port Burwell in and will certify completion of the work. I/WE Having examined the site location, read the general description of work and tender information attached, hereby offer to supply dredging maintenance services, including manpower and equipment, for the removal of bottom material from the designated area of the Otter Creek Basin and water lot, to the locations as indicated on the attached sketch and at an Ontario Ministry of Environment approved dump site location as follows: • 1. Without Dewatering (Specify Equipment) a) Dredging Equipment Rate of$ per hour x estimated hours $ b) Trucking Equipment Rate of$ per hour x estimated hours $ 2 Total Tender $ 2. With Dewatering a) Dredging Equipment Rate of$ per hour x estimated hours $ b) Trucking Equipment Rate of$ per hour x estimated hours $ Total Tender $ 3. Prop Washing shall be completed using the equipment as Follows; $/hour Total Hours Required Total Cost $ 4. I/WE agree herewith not to exceed Total Tender Price of: $ (without dewatering) $ (with dewatering) 4. I/WE shall maintain a minimum of $2,000,000.00 Liability Insurance and shall "save harmless" the Corporation of the Village of Port Burwell, its insurers, employees or agents, as a result of such project. 5. I/WE agree herewith to complete the project on or before , June 15, 1995 or a specifically negotiated date prior to the signing of a contract. 6. I/WE Understand that the lowest, or any, tender will not necessarily be accepted. 3 7. Acceptance of a tender will be subject to a formal Contract Standard Construction Document - CCDC2 - 1982 being prepared and executed, within the time frame and in accordance with all conditions as required in these specifications and General Conditions. 8. Subject to an award of the Contract by the Municipality the Tenderer is required to submit the following documentation in a form satisfactory to the Municipality for execution within 2 (days) after being notified verbally and formal to do so by Municipality. 8.1 Execute an Agreement 8.2 Insurance Document in compliance with the Tender Documents 8.3 Declaration 8.3.1 Workers Compensation 8.3.2 Corporations Tax Act 8.4 Certificate of Clearance from the Workers Compensation Board. 9. Offers signed under seal, executed and dated contained within a sealed envelope will be received by the Village of Port Burwell, Ontario before 4:00 local time May 12, 1995. Offer submitted after the above time will not be considered and shall be held by the municipality for a period of 20 days and then destroyed. Name of Tenderer: Signature of Tenderer: Address of Tenderer: Telephone: Dated this day of , 1995 at the Municipal Offices of the Village of Port Burwell, Ontario. 4 • '\// " 0 0 ' LILI Q dp f o I C:3— r "dr u _ Lhasis t Tij acji gill , = ( ;j cpa o 0 1.,_, Dredging do ,'' 1,1),, i? ci.. ' 4 fl ❑ i.:0",--IT-0 D dp .o °Location ❑ f' b��a o �� LJ r )00 ai 0 ° 0 �p \ 10 I', o c� _ d0� ha 0 )/ 6 d T i c , ,,n �/ 00 )l L r� '� p�a a° 0 °L '7° f o m I goo ' i o --,.. • 1\\\,1 I .: fil ',Ii _____ - _-----(_____--- — 01 / JM .U it r '�_ Lam' Dred•in• Soils Location 2 \ ,d1 Approximate Area VILLAGE OF PORT BURWELL tTo Be Dredged byBIG OTTER CREEK DREDGING TENDER "Drag Line" Technique PO Box I0 7 ` PORT BURWELL ON NOJ ITO ,/ 7---'•it'c? LADE EROE ), �'`t _ Area to be Dredged by "Prop Washing" Technique Spilling Dredgate in a c.‘‘ gliV South Easterly Direction in accordance with the instructions ci of the Project Manager. "Prop Washing" Spillway Note: 1. Dredging material to be transported to the area as shown and graded to slope of 3: 1 matching existing topography in area as specified by Project Manager. 2. Silt fences ore to be erected prohibiting silt pollution into the Creek. • THE CORPORATION OF THE VILLAGE OF PORT BURWELL PO Box 10 21 Pitt Street Port Burwell, Ontario BY-LAW 95-28 Being a by-law to authorize the long term borrowing of an amount of money not to exceed $238,951.00 towards the cost of certain capital projects. WHEREAS Section 187 of the Municipal Act R.S.O. 1990, Chap. M.45 provides that Council of a local municipality may by by-law provide for the borrowing of long term debt. AND WHEREAS the Corporation of the Village of Port Burwell deems it necessary to borrow funds to permit the completion of various capital projects as outlined in Schedule"A". THEREFORE the Corporation of the Village of Port Burwell enacts as follows: 1. The Reeve and Administrator/Clerk-Treasurer are hereby authorized on behalf of the Municipality to borrow by way of temporary advances from time to time Canadian Imperial Bank of Commerce ("CIBC") a sum or sums the aggregate amount not to exceed $238,951.00 and is to meet expenditures made in connection with the projects outlined in Schedule"A" attached hereto as part of this by-law, and to give on behalf of the Municipality to CIBC a promissory note or notes sealed with the corporate seal and signed by the Reeve and the Administrator/Clerk-Treasurer for the money borrowed plus interest at such rate and for such term as may be agreed upon from time to time with CIBC. 2. All sums borrowed under this by-law, as well as all other sums borrowed this year and in previous years from CIBC for any or all of the purposes mentioned in the Ontario Municipal Act, plus interest, shall be a charge upon the whole of the revenues of the Municipality for the current year and all preceding years as and when such revenues are received. 3. The Treasurer is hereby authorized and directed to apply in payment of all sums borrowed pursuant to this by-law, plus interest, all of the moneys hereafter collected or received either on account or realized in respect of taxes levied for the current year and preceding years or from any other source which may lawfully be applied for such purpose. • 1 4. The Treasurer is hereby authorized and directed to furnish to CIBC a certified copy of the Order. Read a first and =: nd time this 23rd day of May, 1995. ter I.: / frr' To 1 Nesbitt Da • '. Free • inistrator/Clerk-Treasurer • Read a third time . d finally •. ,sed this 23rd day of May, 1995. _ _ _ .at/*'rI To . Nesbitt Reeve Davi./ . ree Ad• inistrator/Clerk-Treasurer 2 4 Village of Port Burwell Schedule "A" Budgeted Budgeted costs Financing L T D Federal Provincial Municipal Donations Funding Roadways Signage 3,000 3,000 3,000 Construction 100,000 50,000 50,000 50,000 Master plan 2,000 2,000 2,000 Equipment 12,500 • 12,500 12,500 Total 117,500 50,000 67,500 67,500 Sidewalks 40,000 13,333 13,333 13,334 13,334 Street lights 15,000 15,000 ' 15,000 Harbour Sheet piling 8,500 8,500 8,500 Recreation &Culture Market Square 38,000 38,000 38000 0 Public Washrooms 15,000 5,000 5,000 5,000 5,000 Total 53,000 5,000 5,000 43,000 38,000 5,000 Fire fighting equipment First Response Equipment 1,000 1,000 1,000 Fire Fighting Equipment 2,500 2,500 2,500 Pager & Radios 1,000 1,000 1,000 SCBA 2,000 2,000 2,000 Total 6,500 6,500 6,500 Water & Sanitary Systems Water system 8,000 8,000 8,000 Other Capital Village Signs 2,000 2,000 2,000 Building 24,000 24,000 24,000 Unfinanced capital 89,117 89,117 89,117 Total 115,117 115,117 115,117 Total 363,617 18,333 88,333 X76 ) 38,000 238,951 The Corporation of the Village of Port Burwell PO Box 10 21 Pitt Street Port Burwell ON NOJ 1T0 BY-LAW 95-29 Being a by-law to require property owners to maintain all adjacent boulevards within the Village of Port Burwell. WHEREAS section 308, paragraphs 1 and 2 of the Municipal Act, R.S.O. 1990, c. M.45 as amended gives Council the powers to pass bylaws as follows; 1. For setting apart portions of the highways at or near the sides of them for the purpose of boulevards, and for permitting the owners of land abutting on a highway to construct, make and maintain at their own expense boulevards on that part of the highway that may be set apart for that purpose, but not so as unreasonably to confine, impede or incommode public traffic. 2. For regulating the construction, maintenance and protection of such boulevards. AND WHEREAS Bylaws 94-22 and 94-48 prescribes standards for the maintenance of properties. NOW THEREFORE, the Council of the Corporation of the Village of Port Burwell enacts as follows; 1. That all persons within the Village of Port Burwell are required to maintain boulevards adjacent to all properties in accordance bylaw 94- 22 inclusive of grass cutting and snow removal for driveways and sidewalks. 2. All violations of this bylaw are subject to a penalty in accordance to Schedule "A" forming part of this bylaw. 1 Read a first . i s second time ' is 27th day of June, 1995. 1Li h4,1 R • Admi rator/Clem-Treasurer Read a third and final time. •.is 27th day of June, 1995. �‘ A� 'eeve Ad nistrator/Clerk-Treasurer • 2 Schedule "A" 1. A minimum charge of$50.00 per occurrence or; 2. $0.50 per square foot of area which has been cut by municipal employees or agents thereof or; 3. The hourly rate of employees, contractors and machinery required to maintain the subject property or; 4. The greater cost of any of the above rates specified. 3 & ck C r31, V44:X'-e7‘- -714 /' -/ - - vli-eza.9-11A-6-6- /6; saie,kk - _a J-e- -- 2.--(/ , ' - , 1 ‘ . 0L- ve tA;40 . / / - /1 J(/-e-aie, ii /, , / . - ", - F . / ' ,,rby/}/ ,e1.,e&-I thl-•6--x- ,. ir , 0 / :4;e (C,Gd' ,0/ „ ,, ,,,,, ,.- ---g-e/1-c. --u- t= r,4_, 4e43 1/4= L,P.44-tirl-c- LI‘z-179ket4k A60"1-4 JOG. (1,;-6 • _L PORT B&A 77yof2f;,-- Xe4L-iet-le 4. 1 ''‘'A'N /77 gs-evberi,_ AI PtIsa, A. 4V neljev-1/ aAelAf-G14- ; 5t fegotiP Z/1 . e4-/ A/#- S PORT 80,9 PVA�ts THE CORPORATION OF THE F VILLAGE OF PORT BURWELL �. .� P. O. Box 10, Port Burwell,Ontario NOJ ITO telephone (519) 874-4343 • fax (519) 874-4948 aWre 7114ajr."0 PORTUS REFUG"‘M Memo To: Council From: D. Free Re: By-Law 95-29, Maintaining Boulevards Date: June 22, 1995 A boulevard by-law is being proposed which requires that each person within the municipality look after their own boulevards. In 90% of the cases residents of Port Burwell do maintain this area of land, however there are a few that take an adversarial approach to their relationship with the municipality and the road allowance and refuse to take care of this property. This by-law moves toward the reduction of the manpower requirement for the municipality during the summer months in our efforts to clean up. Typically in other municipalities the maintenance of these lands are done by the adjacent property owners. Port Burwell should be no different, in most cases residents of Port Burwell are not different. This by-law ensures that the residents participate in the community-wide program of beautification and mutual responsibilities. Please review the attached at your earliest possible convenience in order that the by-law may be considered at the June 27, 1995 Council Meeting. David Free David R. Free, CET, AMCT(A) • Administrator/Clerk-Treasurer The Corporation of the Village of Port Burwell PO Box 10 21 Pitt Street Port Burwell ON NOJ 1T0 BY-LAW 95-30 Being a by-law to regulate Harbours and Wharves and the collection of reasonable harbour dues within Village of Port Burwell. WHEREAS section 207 paragraphs 31 through to 38 of the Municipal Act, R.S.O 1990, c. M.45 as amended gives Council the powers to pass bylaws as follows; 31. For making, improving and maintaining public wharves, docks and slips, and for preserving shores, bays, harbours, rivers or waters and the banks thereof. 32. For regulating harbours. 33. For prohibiting the injuring, fouling, filling up or encumbering of a public wharf, dock, slip, drain, sewer, water or suction pipe, shore, bay, harbour, river or water. 34. For erecting and maintaining beacons. 35. For erecting, maintaining, operating and renting grain elevators, wharves, piers and docks in harbours, and floating elevators, derricks, cranes and other machinery for loading, discharging or repairing vessels, and for regulating the use of such facilities and prohibiting the use of such facilities by boats and other craft for any time in excess of such period or periods of time as may be prescribed in the by-law, and for regulating and requiring the removal of any boat or craft using any of such facilities in excess of such period or periods of time. 36. For regulating vessels, crafts and rafts arriving in a harbour, and for 1 imposing and collecting such reasonable harbour dues thereon as may serve to keep the harbour in good order and to pay a harbour master. 37. For requiring the owner or occupant of the land, in connection with which the same exist, to remove door-steps, porches, railings or other erections or obstructions projecting into or over any public wharf, dock, slip, shore, bay, harbour, river or water. 38. For requiring and regulating the removal from any public wharf, dock, slip, drain, sewer, shore, bay, harbour, river or water, of all sunken, grounded or wrecked vessels, barges, crafts, cribs, rafts, logs or other obstructions or encumbrances, by the owner, charterer or person in charge, or any other person who ought to remove the same. AND WHEREAS the municipality maintains the Big Otter Creek Harbour area for recreational boaters, commercial fishermen, charter boat operators, in order to sustain tourism and traditional maritime revenue generating activities directly for businesses, and; AND WHEREAS the municipality leases by bylaw, federal lands within the Big Otter Creek Harbour basin, and; NOW THEREFORE, the Council of the Corporation of the Village of Port Burwell enacts as follows; 1. That all business and persons within the Village of Port Burwell are required to pay a fee as prescribed in Schedule"A"forming part of this bylaw. 2. All violations of this bylaw are subject to a penalty in accordance to Schedule "B" forming part of this bylaw. 3. This bylaw comes into force and effect January 1, 1995 and is retroactive. 2 Read a first and second) time 6th day of July, 1995. R e /%1Z.4/ ve7AcJrninistr or/Clerk-Treasurer Read a third and final time this 6th day of July, 1995. Ah.. < , 4 Re Admin rator/Clerl:-Treasurer 3 .Y Schedule "A" 1. Commercial Marinas shall pay an annual flat fee of$1,000.00 due May 1 of each year. 2. Commercial Fishing Boats shall pay an annual flat fee of $750.00 due May 1 of each year. 3. Private docks located along the Otter Creek within the municipal limits of Port Burwell shall pay an annual flat fee of$100.00 4. Commercial Fishing Boats shall pay a rate of $35.00 per day to dock within the municipality. • 4 Village of Port Burwell Schedule "B" Bylaw 95-30 1 Authority to Collect The Municipal Act, R.S.O., 1900, s. 326, as amended provides; Where a council has authority to direct or require by by-law or otherwise that any matter or thing be done, the council may by the same or by another by-law direct that, in default of its being done by the person directed or required to do it, such matter or thing shall be done at the person's expense, and the corporation may recover the expense incurred in doing it by action, or the same may be recovered in like manner as municipal taxes, or the council may provide that the expense incurred by it, with interest, shall be payable by such person in annual instalments not exceeding ten years and may borrow money to cover such expense by the issue of debentures of the corporation payable in not more titan ten years. 2. All businesses and persons within the Village of Port Burwell in accordance with Schedule "A" of Bylaw 95-30 shall a fee as prescribed no later than July 1 of each year. 3. Harbour Dues shall be invoiced to the persons and/or businesses who use personal and/or commercial docking facilities and commercial marinas occupying lands within the Big Otter Creek as soon as may be reasonable due and payable upon receipt. 4. Harbour dues shall paid within 30 days or be added to the tax roll by the Administrator/Clerk-Treasurer and collected the same as taxes. 1 P.M.C.h1.V. Penna, Q.C. J.A. Meren D.W. LewisLedroit G.D.P.D. KiteWilsoeyn ' G.T. Tillmann 'D.B. Williams AJ. Campbell T.G. Price J.R. Adams s H.A. Rady ""—' S.A. ec a tt T.S. Robson J.A. Beckett i� U . Crowley N.B. Hodgson PE DJ. Kershaw PT.Z. Hersch P S.L. Murdoch C.R. Bruni &ASSOCIATES SJ. Atkinson D.M. Bolohan J.E. Caskey J.E. Millar LAWYERS a Cernhed Speevbyt In Civil Lrttgatmn by the taw Sonety ,il Upper Canxla May 17, 1996 Direct Line 667-4015 Reply to extension d:321 The Corporation of the Village of Port Burwell P.O. Box 10 21 Pitt Street Port Burwell, Ontario NOJ ITO Dear Sirs: RE: BIG OTTER MARINA Further to your telephone conversation with this office on May 16, 1996, please find enclosed our cheque made payable to your order in the amount of $20.00 to cover the charges for a certified copy of By-law 95-30. We look forward to receiving the requested information. Y,u s v , ly 7 .Q D. WAYNE LEWIS DWL/sab of eon 80,7 1 ^2 ° 96 M0 : ' 0 y;i1. 47/ 0) CE • The Dufferin Corporate Centre, Suite 1000, 130 Dufferin Avenue, London, Ontario N6A 5R2 P.O. Box 816, Station B, London, Ontario N6A 4Z3 Telephone: (519)667-4010 • Facsimile: (519) 434-9656 �G��F PORT WIP � tF THE CORPORATION OF THE 201W1•1111 VILLAGE OF PORT BURWELL , �� PO.Box 10,Port Burwell,Ontario NOJ ITO (` �Et n 14. telephone (519) 874-4343 • fax (519) 874-4948 Q_-'9Rrus REFUG'- February 2, 1996 Mr. Ron Bradfield Post Office Box #59 Port Burwell ON NOJ 1TO Dear Mr. 13radfield We are in receipt of your letter dated January 30, 1996 with regards Bylaw 95-30. We would be more than happy to provide you with a copy of the said by-law at cost on the basis of .25 cents per sheet. With regards to any formula used to calculate these amounts, please be informed that there is no formula and that these amounts are dictated by Council under the authority of the Municipal Act. With regards to your decision to address our invoice upon receipt of the information, I would suggest that this is not a condition of the invoice. The invoice has been rendered previously and is due and payable, and we respectfully request that you honor the invoice before we have to resort to alternative collection methods. With regards to your request for a list of those businesses which have been assessed, please he informed that we are not in a position to divulge our direct business relationships with other • ratepayers within the area. if indeed you are interested in how they are being treated the information is contained within the by-law and you may want to make direct contact with businesses within the area. Yours truly ade •a'%•. Free, CET, AMCT A� inistrator/Clerk-Treasurer c.c. Council, Village of Port Burwell David R. Free,CET,AMCT • Administrator/Clerk-Treasurer 4 BRADCRANEX I N C. P. O. BOX 59 PORT BURWELL. ONTARIO VILLAGE OF PORT BURWELL PORT BURWELL, ONTARIO NOJ 1 TO ATT. DAVID FREE January 30, 19.96 Re-By-Law 95-30 I acknowledge ; eceipt of y_,,;( lecter demanding payment of "Invoice # 95031 " Would you please forward a copy of By -law 95-30 as well as a list of those businesses which have been assessed under this by-law and amounts assessed. Please also include the formula used to calculate the amounts assessed. On receipt of the above information, we will address " Invoice #95031 . Thank you in advance for the above information. Regards, le �! �I �E4 C^r r,` ( .4er Pon Bradfield ".j • - i.. 1 A • .3'`'.OF POR r sU9il- , t F THE CORPORATION OF THE . . VILLAGE OF PORT BURWELL „ICE: (c&, P.O.Box 10,Port Burwell,Ontario NOJ ITO `=�,ftgel telephone (5 19) 874-4343 • fax (S 19) 874-4948 AILailt0 PORTUS REFUGIUM May 17, 1996 Pensa &Associates PO Box #816, Station B London ON N6A 473 Attention: Mr. D. Wayne Lewis Dear Mr. Lewis As per your letter dated may 1, 1996 please find enclosed a certified copy of By-Law 95-30. I trust that you will find the attached in order and if you should have any further questions please feel free to call. Yours truly Aeirti.41 • Donna Lamoure Deputy Clerk David R.Free,CET,AMCT • Administrator/Clerk-Treasurer 'C.M.V. Pensa. Q.C. J.A. Meren D.W. Lewis G.D. Wilson *PM. Ledroit P.D. Kiteley G.T. Tillmann 'D.B. Williams AJ. Campbell T.G. Price J.R. Adams S.A. Loyens H.A. Rady J.A. Beckett T.S. Robson L.J. Crowley N.B. Hodgson PE D.J. Kershaw T.Z. Hersch S.L. Murdoch C.R. Bruni &ASSOCIATES SJ. Atkinson D.M. Bolohan J.E. Caskey J.E. Millar LAWYERS 'Certified Spe`m—allst m Cml Lupalum by the Law.R,.lety n Upper Cartattt May 1, 1996 Direct Line 667-4015 Reply to extension S:321 The Corporation of the Village of Port Burwell I,VaT P.O. Box 10 21 Pitt Street PORT BURWELL, Ontario NOJ 1 TO } i Wu Dear Sirs: RE: BIG OTTER MARINA 41 We are the Solicitors for Mr. Michael Garry, the proprietor of Big Otter Marina. In accordance with the provisions of The Municipal Act, I would request that you forward to me a certified copy of By-law 95-30, being a By-law to regulate harbour and wharves and the collection of reasonable harbour dues within Village of Port Burwell together with a certified copy of any amendments thereto which would include any and all schedules attached thereto. I would appreciate your advising as to the fee to be charged by you with respect to this certification in order that same may be forwarded to you, prior to your mailing this copy to us. Thanking you in advance for your prompt attention to this matter, I remain, Yo t D. WAYNE LEWIS DWL/sab cc--Big Otter Marina & Campgrounds The Dufferin Corporate Centre, Suite 1000, 130 Dufferin Avenue, London, Ontario N6A 5R2 P.O. Box 816, Station B, London, Ontario N6A 4Z3 Telephone: (519)667-4010 • Facsimile: (519) 434-9656 •C M K Ansa,Q.C. JA Meren D.W. Lewis G.D. Wilson •P.M. LedroitP.D. Kiteley G.T. Tillmann ` •D.B.Williams AJ. Campbell T.G. Price J.R. Adams ' SA. Loyens H.A. Rady �" J.A. Beckett T.S. Robson LJ. Crowley N.B. Hodgson TENSA D.J. Kershaw T.Z - . Hersch S.L. Murdoch C.R. Bruni &ASSOCIATES SJ.Atkinson D.M. Bolohan J.E. Caskey LAWYERS •Cerh&d Specialist in Civil Litigation by the Law Society of Upper Canada March 26, 1996 Direct Line 667-4015 Reply to extension/:321 Village of Port Burwell P.O. Box 10 Port Burwell, Ontario NOJ 1TO ATTENTION: Mr. David R. Free Administrator/Clerk-Treasurer Dear Sir: We are the Solicitors for Michael Garry, the proprietor of Big Otter Marina. We have requested Mr. Garry to obtain, and we would request that you forward to us a copy of By-law Number 95-30 in order that we may determine the validity of same and advise Mr. Garry thereon. Thanking you for your attention to this matter, I remain, L Yo . very truly, N ICLL6\ D. AYNE L WIS DWL/sab cc--Mr. Gary Wilsono/QoFITT88o ,1. s r'2'1 •' 4 LL; 4 tCEli The Dufferin Corporate Centre, Suite 1000, 130 Dufferin Avenue, London, Ontario N6A 5R2 P.O. Box 816, Station B, London, Ontario N6A 4Z3 Telephone: (519) 667-4010 • Facsimile: (519) 434-9656 1 /i .— / / PVE,(),F PORT 8 THE CORPORATION OF THE .�•�.�� VILLAGE OF PORT BURWELL P. O. Box 10. Port Burwell, Ontario NOJ ITO AL� telephone (519) 874-4343 • fax (519) 874-4948 ow"1=Outire kireEialrol PORTUS REFUG\UM Memo To: Council From: D. Free Re: By-Law 95-30, Regulate Harbours & Wharves Date: June 22, 1995 Council: The attached by-law has been proposed for multiple sources of revenue which would assist towards the dredging of the Big Otter Creek. In the past we have used the Municipal Marina as almost the single source. This his severe limitations considering all wharves and boats within the harbour receive the benefit of the municipalities efforts. This is for all purposes a USER FEE applicable to all boaters and commercial enterprises. The bylaw does not exclude commercial fishermen, as you can see there is a premium that is suggested for the use of the harbours. The 1995 dredging effort is almost complete and I have heard a general "sigh of relief". The cost of the work completed to date is $30,000.00. I would however submit that not all of our revenue sources have been determined. More specifically the issue of participation in this matter by Bayham Township. There is far greater cost for the harbour than just dredging as administration with respect to approvals and funding is a costly matter. It would be my hope that we can gain a minimum of$30,000.00 revenue from the harbour so that at least $15,000.00 can be returned to General Government for the continual clean up of these lands and other areas of the community. The approximate cost of the harbour operations are as follows; Dredging 30,000 Land Leases 8,000 Maintenance 8,000 Administration 10,000 1 David R. Free, CET, AMCT(A) • Administrator/Clerk-Treasurer 56,000 (includes legal, phone, salaries, etc.) Offsetting the costs are revenues as follows; Grants 15,000 Licenses 6,000 Revenue Sharing 800 21,800 The obvious short fall is $33,200. Not a very good way in which conduct business although the administrative costs may be considered a questionable cost it only represents 24% of the total amount that is required. A fee structure has been proposed within Bylaw 95-30 of which would generate a total of $20,000.00 from all sources inclusive of Gordon Craig. This does not mean that Gordon Craig would pay any additional monies because within the amount of monies that he has provided a licence has been configured. Relative to any licensing issues which have been recently proposed, I do not want Council to interpret that this is a money grab by the municipality, this is a first step towards a user pay system. The ratepayer should no longer pay for the specific leisure or commercial benefit of persons within the municipality. Within the municipal financial operations each aspect must have some revenues, justification and direct revenue generating schemes in order to substantiate their existence. This has not occurred with the harbour operations. In the past a donation system has been suggested with regards to commercial fisherman and other locations however, this donation is at the discretion of the donator. However, donations have never been collected and I would question if they will ever be collected considering the "municipal spirit" in Port Burwell currently. As an alternative with a by-law in effect, revenues can be counted on by virtue of enabling legislation in the cost of operating the harbour for all persons not the municipality. If indeed we want Port Burwell to grow and have all the amenities that everyone seems to desire, we must have revenues. Persons or companies who are directly benefiting must be willing to directly contribute. Port Burwell is lucky in that we are one of the first municipalities which recognize this fact and is acting upon it. Grants will be harder to obtain and we must start immediately developing revenue sources in order to pay for property maintenance and dredging. I have also attached a financial statement from the Village of Bayfield which is approximately the same size as Port Burwell. Bayfield has a very successful inner harbour marina that the municipality operates as well as two other private operators. I would suggest because of the success, it should act 2 as a model with regards to revenue sharing. I would also identify that they also recover monies for boat storage along the lands which they lease, the same as which was proposed in a memo dated November, 1994. There can no longer be a free ride, we have to recover our costs if indeed we want to grow and provide the amenities that everyone demands. Please review the attached at your earliest possible convenience and provide your further direction in this matter. David Free 3 519-565-2455 VILLRGE OF EAYFIELD 013 P01 SW 12 '95 13:12 A Bayfield Marina A Balance Sheet as at December 31, 1994 1994 1993 1 s S Assets Current Assets Cash in bank 11,976 16,576 Accounts receivable 1,796 1,410 Gasoline and diesel fuel inventory(at lower of cost and market) 4,757 5,720 1 18,529 23,706 Liabilities and Fund Balances Current Liabilities Prepaid dockage fee 9,250 10,183 IFund Balances at the End of the Year To be used to offset taxation or user charges 9,279 12,523 Reserve for marina working funds _ 1,000 I 9,279 13,523 18,529 23,706 1 I .....tt4w,:74 -_ri 1 - ��c I a,rhT' � __ may, S"rit'�P'ON Vga • ;;M177-60711 J: — __ - _ P ---'rQ- -- of r The accompanying notes are an integral part of these financial statements. • ii Ba cld i a State e t f rat'o s IIIfor the year ended December 31, 1994 1994 1994 1993 Bu-d Azul Actual S S S Fund Balance at the Beginning of the Year 12,523 12,523 12,003 Sources of Financing User charges ISeasonal dockage and storage Transient dockage 61,628 61,O1I 62,988 Fees from pumpouts 15,000 16,615 14,327 1 Fishing boats wharfage 1,600 1,454 1,586 Gasoline and diesel fuel 1,094 3,304 1,094 Ice 31,000 35,426 30,823 111 Pop 1,200 917 1,110 Transfer from reserve for working capital 900 770 847 6,000 6,000 14,000 118,422 12 5,497 126,775 Expenditure Wages Manager Other 16,180 16,182 16,276 Employee benefits 4,000 4,449 4,668 Federal Government share of leases 5,000 6,488 5,034 Hydro and propane gas 11,600 11,471 11,640 Pump outs 2,800 2,496 2,773 I Repairs, maintenance and supplies 1,600 2,228 1,524 Dock expense - 4,012 4,047 Cradle storage 16,000 13,411 12.363 Insurance 650 550 650 Telephone 2,019 2,019 1,676 Advertising and office supplies 600 572 589 Dues, meetings, travel,and licence 100 875 217 1,300 875 1,067 The accompanying notes are an integral part of these financial statements. 519-565-2 55 L1ILLAGE C . BAYFIELD 013 P02 JUN 12 '95 13'13 Bayfield Marna State e t of oration IIIfor the year ended December 31, 1994 1991 1994 1993 budget Actual Actual Expenditure(continued) S $ Contribution to Village General I'unaJ Capital expenditure 15,869 15,869 24,000 Washroom project 3,000 3,334 4,412 Legal — S,7S9 1,952 Gasoline,diesel fuel and oil — 485 _ Ice 27,000 30,740 26,233 Pop 750 602 732 Credit card processing charge 700 640 711 Transfer to re c vc for working capital 700 964 691 p 5,000 5,000 114,is8 12.8,741__ 126,25.5 Fund Balance at the End of the Ycar 16;0 y,279 ___ i_...... 12 523 111U I I U II I I I IThe au:ompanying notes are an integral part of these tinannial statements. The Corporation of the Village of Port Burwell PO Box 10 21 Pitt Street Port Burwell ON N0J 1T0 BY-LAW 95-47 Being a by-law to amend Bylaw 95-30 being a bylaw to regulate Harbours and Wharves and the collection of reasonable harbour dues within Village of Port Burwell. WHEREAS section 207 paragraphs 31 through to 38 of the Municipal Act, R.S.0 1990, c. M.45 as amended gives Council the powers to pass bylaws to regulate Harbours and Wharves and the collection of reasonable harbour dues within the Municipality, AND WHEREAS Council passed bylaw 95-30 being a bylaw to regulate Harbours and Wharves and the collection of reasonable harbour dues within the municipality; AND WHEREAS Council deems it desirous to amend Schedule "A" of bylaw 95-30; NOW THEREFORE, the Council of the Corporation of the Village of Port Burwell hereby deletes paragraph 4 in its entirety of Schedule "A" of bylaw 95-30. Read a first a. • econd t' e this 26 day of September, 1995. •ve Adm' istrator/Clerk-Treasurer Read a t ' and final ti, e th. 26t. day of September, 1995. Reeve Adm. istrator/Cleriz-Treasurer • �Gtof PORT 80 N, t F THE CORPORATION OF THE .!_ VILLAGE OF PORT BURWELL P.O.Box I0,Port Burwell,Ontario NOJ I TO \=% telephone (519) 874-4343 • fax (519) 874-4948 '°ORTUS REFUGIUM February 20, 1996 Big Otter Marina&Campground PO Box #129 Port Burwell ON NOJ 1T0 Attention: Mr. Mike Garry Dear Mr. Garry In response to your letter dated February 13, 1996 and our invoice #95029, please note that this is not an issue which should be discussed with myself, or during a Council Meeting. The by-law has been passed and the bills with regards to the by-law have been issued. To this end you are at liberty to discuss this matter further with individual members of Council should you wish to do so, their telephone numbers are listed below. Tom Nesbitt, Reeve 874-4368 Dave Mason, Councillor 874-4204 or 657-4926 (in London) Jim Hevenor, Councillor 874-4644 Gordon Loucks, Councillor 874-4229 Cindy Allin, Councillor 874-4434 If you should have any further questions please feel free to call. Yours truly .401111 a' - . Free, CET, AMCT A.. inistrator/Clerk-Treasurer c.c. Village of Port Burwell Council David R.Free,CET,AMCT • Administrator/Clerk-Treasurer BIGO1TER `�' - -. _ Marina & Campgrounds P. O. Box 129, Port Burwell, Ontario NOJ 1 TO A Dv el 552855 Ontarro Lid Phone (519) 874-4034 • Fax (519) 874-4034 TO: THE CORPORATION OF THE VILLAGE OF PORT BURWELL t i `„96 DEAR MR FREE; IN RESPONSE TO YOUR INVOICE *95029 THAT REQUIRES ALL BUSINESSES AND USERS OF THE BIG OTTER CREEK HARBOUR ARTA TO PAY A USER FEE, I WOULD FIRST PREFER THAT YOU SET A FEW MINUTES ASIDE THAT WE COULD MEET AND DISCUSS IN BRIEF THESE CHARGES LEVIED AGAINST THE BIG OTTER MARINA TO THE SUM OF $1, 000. 00 AND HOPEFULLY RESOLVE THIS ISSUE. IF YOU FEEL THAT THE ABOVE WOULD NOT BE POSSIBLE THEN SECONDLY I WOULD REQUEST THAT I MAY BE PUT ON THE AGENDA TO THE NEXT COUNCIL MEETING. A RESPONSE AT YOUR EARLIEST WOULD BE APPRECIATED. YOURS j•,,L / AAP(- 11/. . / Aiiiir FEE 13 f. -�r • Improvements to Pt. Rowan harbor sought Norfolk Township council agreed Tuesday night to help the Port Rowan/Long Point Chamber of Commerce in its bid to get the village harbor brought up to snuff. A letter received by council from 'Prue Steiner, chamber past presi- dent, stated that for various reasons the chamber felt it could no longer promote the use of the harbor to transient dockers. The letter noted • that the harbor channel was not accessible to boats drawing over 3' feet due to silt and that the ramp and dock were in poor condi- tion. 'The additional revenue that would be generated from transient dockage as well as the additional dollars that would come in to the , village from the upgrading of this facility would warrant this work being carried out prior to the end of June 1995,' Steiner said. She also suggested the hiring of a summer student to ensure all fees for launching, transient dockage, etc. were collected and the area maintained in a tidy fashion. Township Mayor Hector Ver- hoeve said he'd sent a copy of the chamber's letter to Elgin-Norfolk MP Gar Knutson. Knutson's secre- tary called back to say the MP would like to have a meeting with all concerned in the near future, Verhoeve told council. One date suggested was July 24. The Corporation of the Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell, Ontario By-Law 95-31 Being a By-Law to authorize the Reeve and the Administrator/Clerk-Treasurer to enter into an Agreement with J. Franze Limited for the construction of sidewalks within the Village of Port Burwell. WHEREAS the Council of the Village of Port Burwell has received funding from jobs Ontario for Infrastructure improvments in the Village of Port Burwell, and; WHEREAS the sidwalk reconstruction project has been approved by jobs Ontario as a permissible expenditure of Provincial and Federal funding, and; WHEREAS the public tendering for the project was completed by Cyril J. Demeyere Limited, Consulting Engineers June 12, 1995 in accordance to the specified formats by the jobs Ontario Infrastructure Program, and; NOW THEREFORE the Council of the Village of Port Burwell upon review of the tenders received in this matter and opened on June 12, 1995 and upon recommendation from the consulting engineers, hereby consents to completing Part 1 and Part 3 of the said tender and directs the Reeve and Administrator/Clerk-Treasurer to enter into the Form of Agreement with J. Franze Limited. I Read a first and -end time • is 13th day of June,Ir 1 Q()4• • ,e A istrator/Clerk-Treasurer Read a third tim .d finally passed this 13th day of June, 1994. eeve nistrator/Clerk-Treasurer 2 1995 SIDEWALK PROGRAM VILLAGE OF PORT BURWELL 9521 MAY 1995 CYRIL J. DEMEYERE LIMITED CONSULTING ENGINEERS TILLSONBURG,ONTARIO 'JUN - 1 1995 CLOSING DATE: MONDAY, 12:00 NOON, 12 JUNE 1995 PLACE: CLERK'S OFFICE • 21 PITT STREET, PORT BURWELL, ONTARIO CONTRACT DOCUMENTS 1995 SIDEWALK PROGRAM VILLAGE OF PORT BURWELL 9521 MAY 1995 MAY 1995 CYRIL J. DEMEYERE LIMITED, CONSULTING ENGINEERS P.O. BOX 606, 261 BROADWAY, 111 TILLSONBURG, ONTARIO N4G 4J1 (519)688-1000 (FAX)842-3235 INDEX • INFORMATION FOR TENDERERS FORM OF TENDER FORM OF AGREEMENT GENERAL CONDITIONS SUPPLEMENTARY GENERAL CONDITIONS SPECIFICATIONS - PART 1 SIDEWALK APPENDIX 'A' CONCRETE SPECIFICATIONS APPENDIX 'B' - KEY PLAN - TYPICAL SIDEWALK X-SECTION - ROBINSON STREET - SIDEWALK DETAILS INDEX FOR INFORMATION FOR TENDERERS 1 PAGE 1. LOCATION IT-1 2. SCOPE OF WORK IT-1 3. OWNER IT-1 4. DELIVERY OF TENDERS IT-1 5. SURETY, DEPOSIT IT-1 6. TIME FOR COMPLETION IT-2 7. WITHDRAWAL OR QUALIFYING OF TENDERS IT-2 8. INFORMAL OR UNBALANCED TENDERS IT-2 9. DISQUALIFICATION OF TENDERS IT-3 10. TENDERS IT-3 11 . ACCEPTANCE OF TENDERS IT-3 12. BONDS IT-4 13. LIABILITY INSURANCE IT-4 14. WORKERS' COMPENSATION BOARD IT-5 15. SUBCONTRACTS IT-5 16. OMISSIONS AND DISCREPANCIES IT-6 17. QUANTITIES IT-6 18. DELETION OF ITEMS IT-7 19. METHOD OF MEASUREMENT AND PAYMENT IT-7 20. CONSTRUCTION SCHEDULE IT-7 21. GUARANTEED MAINTENANCE IT-7 22. DATE OF SUBSTANTIAL COMPLETION IT-8 23. DATE OF COMPLETION IT-8 24. PROGRESS CLAIMS AND PAYMENT IT-9 25. ONTARIO RETAIL SALES TAX IT-9 26. GOODS AND SERVICES TAX (GST) IT-9 27. LIEN CLAIMS BY SUBCONTRACTOR OR SUPPLIER IT-9 1995 SIDEWALK PROGRAM 9521 VILLAGE OF PORT BURWELL INFORMATION FOR TENDERERS 1. LOCATION The areas involved are shown on the Key Plan in Appendix 'B' . 2. SCOPE OF WORK The work consists of providing all labour, equipment, supervision and supplying of all materials necessary for the complete installation and construction of the following: SIDEWALK 3. OWNER The Owner is the Village of Port Burwell . 4. DELIVERY OF TENDERS Tender shall be submitted in a sealed envelope, clearly marked as follows: 1995 SIDEWALK PROGRAM Tenders will be received until 12 noon local time on MONDAY, 12 JUNE 1995 at the office of the Clerk, 21 Pitt Street, Port Burwell , Ontario, NOJ 1T0. The use of the mails or courier services for delivery of a tender will be at the risk of the Tenderer. 5. SURETY DEPOSIT Each tender must be accompanied by a certified cheque in the amount of $7,000 submitted by the Contractor and made payable to: VILLAGE OF PORT BURWELL Bid bonds will not be accepted. 6. TIME FOR COMPLETION Refer to Addendum No. 1. 7. WITHDRAWAL OR QUALIFYING OF TENDERS A Tenderer who has already submitted a tender may submit a further tender at any time up to the closing time. The last tender received shall supersede and invalidate all tenders previously submitted by that Tenderer for this contract. A Tenderer may withdraw or qualify his tender at any time up to the closing time by submitting a letter bearing his signature and seal as in his tender to the person or office receiving the tenders who will mark thereon the time and date of receipt and will place the letter in the tender box. The Tenderer shall show his name and the project and contract numbers on the envelope containing such letter. No telegrams or telephone calls will be considered. 8. INFORMAL OR UNBALANCED TENDERS All entries in the Form of Tender shall be made in ink or by typewriter. Entries or changes made in pencil shall , unless otherwise decided by the Owner, be invalid or informal . Tenders which are incomplete, conditional , illegible or obscure, or that contain additions not called for, reservations, erasures, alterations (unless properly and clearly made and initialled by the Tenderer's signing officer) or irregularities of any kind, may be rejected as informal . Prior to accepting or rejecting a conditional tender, the Owner reserves the right to request the next two Tenderers to modify their tenders based on the condition attached to the lowest tender. Should either of the next two tenders become the lowest, the Owner reserves the right to accept the modified tender. Tenders that contain prices which appear to be so unbalanced as likely to affect adversely the interest of the Owner may be rejected. Wherever in a tender the amount tendered for an item does not agree with the extension of the estimated quantity and the tender unit price, the unit price shall govern and the amount and the Total Tender Price shall be corrected accordingly, unless otherwise directed by the Owner. If a Tenderer has omitted to enter a price for an item of work set out in the Form of Tender, he shall , unless he has specifically stated otherwise in his tender, be deemed to have allowed elsewhere in the Form of Tender for the cost of carrying out the said item of work and, unless otherwise agreed to by the Owner, no increase shall be made in the Total Tender Price on account of such omission. INFORMATION FOR TENDERERS IT-2 9. DISQUALIFICATION OF TENDERS Under no circumstances will tenders be considered which: a) are received after the closing time; and/or b) are not accompanied by a certified cheque in the amount specified. 10. TENDERS Tenders must be submitted on the Form of Tender marked "This set of the Form of Tender to be submitted in a sealed envelope" together with an Agreement to Bond, a tender deposit as required herein, together with any further forms or sheets which the Tenderer is instructed elsewhere herein, or in any addendum hereto, to submit with his tender. The Tenderer may retain the rest of the tender documents issued to him. 11. ACCEPTANCE OF TENDERS TENDER PRICES SHALL BE VALID FOR A PERIOD OF FORTY-FIVE (45) DAYS FROM THE CLOSING DATE. THE LOWEST OR ANY TENDER WILL NOT NECESSARILY BE ACCEPTED. THE OWNER(S) HAVE THE RIGHT TO NOT ACCEPT THE LOWEST BID AND ACCEPT ANOTHER TENDER WITHOUT PROVIDING ANY REASONS. The Tenderer acknowledges that he shall have no claim against, or entitlement to damages from, the Owner by reason of the Owner's rejection of his tender or of all tenders. The deposits of the unsuccessful tenderers will be returned without interest upon execution of a contract with the successful Tenderer. The deposit of the Tenderer whose tender is accepted will be forfeited by him to the Owners as liquidated damages should the Tenderer fail to execute a contract within seven (7) days after being notified in writing by the Engineer of the acceptance of his tender, or to supply the satisfactory bonds as stipulated in the General Conditions. All deposits will be returned without interest should a contract not be negotiated within forty-five (45) days of the date of closing of this tender. A tender is accepted by the Owner when the Agreement in the form bound herein is executed by the Owner and by the Tenderer or when the Engineer has issued a written order to commence work to the Tenderer. i INFORMATION FOR TENDERERS IT-3 12. BONDS • THE TENDER FOR THIS CONTRACT MUST BE ACCOMPANIED BY AN "AGREEMENT TO BOND". THIS AGREEMENT IS A GUARANTEE THAT THE BONDING COMPANY WILL BOND THE CONTRACTOR WITH A 100% PERFORMANCE AND A 100% LABOUR AND MATERIALS PAYMENT BOND. On acceptance of the Tender, the Contractor shall furnish a 100% Performance Bond and a 100% Labour and Materials Payment Bond. The Labour and Materials Payment Bond must be submitted on a Private Contracts - Trustee Form. All bonds shall be issued by a licensed Canadian bonding company. The Performance Bond shall make specific reference to the period of guaranteed maintenance. Refer to Section 2$ in the Information for Tenderers. Tenders which are not accompanied by a proper Agreement to Bond for the full contract price may not be accepted. Work shall not commence on the project until the proper bonds have been received by the Owner. 13. LIABILITY INSURANCE The Contractor shall state in the Form of Tender the amount of liability insurance carried and the company with which he is insured. The liability insurance shall : (a) have a limit of liability of not less than $5,000,000.00 inclusive for any one occurrence; (b) be Comprehensive Liability Insurance covering all operations and liability assumed under the Contract; (c) not contain any exclusions or limitations in respect of shoring, underpinning, raising or demolition of any building or structure, pile driving, caisson work, collapse of any structure of subsidence or any property structure of land from any cause; (d) name the following as co-insured: VILLAGE OF PORT BURWELL COUNTY OF ELGIN CYRIL J. DEMEYERE LIMITED (e) have the Contractor assume the defence of and indemnify and save harmless those parties referred to in (d) from all claims relating to labour, equipment and materials furnished for the work; / INFORMATION FOR TENDERERS IT-4 13. LIABILITY INSURANCE (Cont'd) (f) include insurance against liability for bodily injury and property damage caused by vehicles owned by the Contractor and used on the work, and in addition, shall include insurance against liability for bodily injury and property damage caused by vehicles not owned by the Contractor and used on the work. Each such insurance shall have a limit of liability of not less than $2,000,000.00 inclusive for any one occurrence. A 'vehicle" shall be as defined in the Highway Traffic Act; (g) be endorsed to provide that the policy or policies will not be altered, cancelled or allowed to lapse without thirty days written notice to the Owner; and (h) Railway (if applicable) - in addition to the foregoing, the Contractor shall provide proof of insurance coverage in the amount of $5,000,000.00 for each occurrence, naming the railway company as co-insured against public liability and property damage. The Contractor shall assume the defence of and indemnify and save harmless the co-insured from all claims relating to labour, equipment and materials furnished for the work. Work shall not commence until the insurance certificates and/or endorsements covering the above items have been received by the Owner. 14. WORKERS' COMPENSATION BOARD Prior to commencing work, the Contractor shall furnish a satisfactory clearance letter from the Workers' Compensation Board stating that all assessments or compensations payable to the Workers' Compensation Board have been paid. A similar clearance letter will also be required prior to the release of holdback. 15. SUBCONTRACTS (a) The Tenderer must give in the Form of Tender, if requested, the name and address of each proposed subcontractor used in making up his tender stating the portion of the work allotted to each. One subcontractor shall be named for each part of the work to be sublet. (b) After the tender has been accepted by the Owner, the Contractor will be allowed to substitute other subcontractors in place of those named in his tender up to the signing of the Agreement. INFORMATION FOR TENDERERS IT-5 15. SUBCONTRACTS (Cont'd) (c) The Owner shall have the privilege of refusing to accept any subcontractors which may be deemed unqualified. (d) The Contractor shall be held as fully responsible to the Owner for the acts and omissions of his subcontractors, and of persons directly or indirectly employed by them as for the acts and omissions of persons directly employed by him. (e) The Contractor shall be responsible for supervising his subcontractors. 16. OMISSIONS AND DISCREPANCIES Should a Tenderer find discrepancies in, or omissions from the drawings or contract documents or should he be in doubt as to their meaning, he should notify the consulting engineer who may send a written instruction to all Tenderers. In the event of any discrepancies whatever or ambiguity of any symbol , note, abbreviation, etc. used in the Specifications or on the Contract Drawings, the Contractor shall obtain clarification from the Engineer prior to submitting his tender. Requests for clarification must be in writing to the Engineer. No telephone requests or telegrams will be considered. 17. QUANTITIES The quantities shown for the items in the Form of Tender are estimated only and are for the sole purpose of indicating to Tenderers the general magnitude of the work. For work done or materials supplied on a unit price basis, the Contractor will be paid for the actual measured quantities at the respective unit prices tendered. The Engineer has the right to increase or to reduce the quantities required or to suspend or omit any item or portion of the work at any time as he may deem advisable. The Contractor shall not be entitled to any compensation for loss of anticipated profit as a result of the deletion of any item or part of an item from the Form of Tender, unless the actual quantity of work performed on a major item of the Contract exceeds by twenty-five percent (25%) or is less than twenty-five percent (25%) of a quantity shown in the Tender Form for such major item, and if there is a resulting change in the cost of work or material , then either party to the Contract upon written request of the other, can request that negotiations be held to establish the increase or decrease in the compensation for the affected items of work. Under this provision, the definition of a major item shall be any individually bid tender item that has a tender cost equal to or greater than five percent (5%) of the total tender price. INFORMATION FOR TENDERERS IT-6 17. QUANTITIES (Continued) Where the actual quantity of work exceeds the quantity in the Form of Tender by twenty-five percent (25%) or more, any increase or decrease in the unit price shall apply only to the increase in quantity. This section does not apply to items in the Form of Tender which are designated as possible deletions. 18. DELETION OF ITEMS The Engineer retains the right to delete any items in the Form of Tender which are designated as possible deletions. The Contractor shall not have any recourse as to additional payment for such deleted items. 19. METHOD OF MEASUREMENT AND PAYMENT Measurement of finished work and method of payment shall be as outlined in the Form of Tender and in the Specifications. 20. CONSTRUCTION SCHEDULE The Contractor shall be required, prior to the start of the work, to submit a construction schedule. 21. GUARANTEED MAINTENANCE (a) The guarantee and maintenance period shall commence on the DATE OF COMPLETION OR ACCEPTANCE by the Owner and NOT THE DATE OF SUBSTANTIAL COMPLETION, and shall be 24 months for all work. (b) All releases of holdback shall be subject to the conditions set out in Clause 108-3 of the General Conditions - MTC Form M-100, Revised April 1983; notwithstanding that the release of the holdback will be subject to receipt of maintenance security by the Owner. (c) The Contractor shall provide maintenance security in the form of an irrevocable LETTER OF CREDIT, or other forms of readily negotiable security acceptable to the Engineer to remain in effect for 24 months, in the amount of 5% for the first 12 months, 3% for the second 12 months of the final contract price and until correction of any deficiencies or the completion of uncompleted work found in the maintenance period. The Contractor agrees that the Owner may draw on the LETTER OF CREDIT or security to correct any maintenance deficiencies or complete any uncompleted work arising in the guarantee and maintenance period, provided that the Contractor has been previously notified of deficiencies and has been given ample opportunity to correct same. INFORMATION FOR TENDERERS IT-7 22. DATE_ OF SUBSTANTIAL COMPLETION A contract will be considered substantially complete when (a) the improvement to be made under the contract or a substantial part thereof is ready for use or is being used for the purposes intended; and (b) the improvement to be made under the contract is capable of completion or, where there is a known defect, correction, at a cost of not more than, (i) 3 percent of the first $500,000 of the contract price (ii) 2 percent of the next $500,000 of the contract price and, (iii) 1 percent of the balance of the contract price The Contractor shall publish the date of substantial completion in the Daily Commercial News. 23. DATE OF COMPLETION The DATE OF COMPLETION or ACCEPTANCE will be when: (a) The works have satisfactorily passed the required inspection and testing. (b) The cost of completion of all outstanding work and known defects is not more than the lesser of (i) one percent of the contract price (ii) $1,000.00 (c) The following documents have been received: (i) The Contractor's final claim (including the value of work completed since the date of substantial performance) . (ii) An up-to-date release by the Contractor in a form satisfactory to the Engineer, releasing the Owner from all further claims relating to the Contract. (iii) Statutory Declarations on forms provided by the Engineer that all liabilities incurred by the Contractor and his subcontractors in carrying out the Contract have been discharged and that all liens in respect of the Contract and subcontracts thereunder have expired or have been satisfied, discharged or provided for by payment into Court. INFORMATION FOR TENDERERS IT-8 24. PROGRESS CLAIMS AND PAYMENT • Payment to the Contractor shall be made monthly for ninety percent (90%) of the value of all materials installed and workmanship completed based on a monthly estimate of the total value of work completed to date prepared by the Engineer in accordance with the Form of Tender. Decision of the Engineer shall be final in determining the value of the work each month. MATERIALS ON SITE BUT NOT INSTALLED WILL NOT BE INCLUDED IN THE PROGRESS PAYMENTS. The Engineer will be allowed 10 days to prepare and submit the Payment Certificate to the Owner. The Owner will then be allowed 30 days to pay the amount owing to the contractor. INTEREST ON LATE PAYMENTS SHALL BE 1.0% PER MONTH. 25. ONTARIO RETAIL SALES TAX All prices tendered for the works and for any additional or extra work shall be ALL APPLICABLE SALES TAX INCLUDED. The Tenderer shall allow in his price for all Retail Sales Tax that he may be required to pay on materials and equipment to be utilized or expended in the construction of the works. The Owner will not consider any claim by the Contractor or any subcontractor for reimbursement of Retail Sales Tax paid. NOTE: IT SHOULD BE CLEARLY UNDERSTOOD THAT ALL MATERIALS SHALL PURCHASED AND PAID FOR BY THE CONTRACTOR. 26. GOODS AND SERVICES TAX (GST) GST IS NOT TO BE ADDED FOR TENDERING PURPOSES, but will be added to ali payments at 7% or such other rate as determined by Revenue Canada. Any refund of the GST or a portion of the GST shall belong to the OWNER Unit or lump sum prices in Addenda shall be subject to GST. 27. LIEN CLAIMS BY SUBCONTRACTOR OR SUPPLIER The Contractor shall assume the defence of and indemnify and save harmless the Owner(s) and the Engineer from any legal action resulting from any lien claims against the project by a subcontractor and/or a supplier, under the Const. uction Lien Act of Ontario. 411 INFORMATION FOR TENDERERS IT-9 1995 SIDEWALK PROGRAM 9521 VILLAGE OF PORT BURWELL ADDENDUM NO. 1 (to the Tender Documents) RE: COMPLETION DATE. CONTRACT AWARD Assuming a notice of contract award is issued on 13 June 1995, the work must then be substantially completed by 31 July 1995. I ig :ture o Tenderer Affix Company Seal 31 MAY 1995 CYRIL J. DEMEYERE LIMITED, CONSULTING ENGINEERS, 261 BROADWAY, P.0 BOX 606, TILLSONBURG, ONTARIO N4G 4J1 (519) 688-1000 (FAX) 842-3235 1995 SIDEWALK PROGRAM 9521 VILLAGE OF PORT BURWELL • FORM OF TENDER Gentlemen: I/We J. FRANZE CONCRETE LIMITED the undersigned have examined the locality and site of the proposed work, and all contract documents relating thereto, including the Drawings, Form of Tender, Information for Tenderers, Specifications, General Conditions, Supplementary General Conditions, Form of Agreement and Addendum/Addenda No. 1 to No. 1 * hereby tender and offer in accordance therewith to enter into a contract within the prescribed time to construct the said works in strict accordance with the contract documents and such further detail drawings as may be supplied from time to time, and to furnish all materials, labour, tools, plant, matters and things necessary therefore complete and ready for use within the time specified for the total tender sum of Thirty-Three Thousand__Four Hundred xx/100 Dollars ($33,400.00 ) , or such other sum as may be ascertained in accordance with the contract. *The Tenderer will insert here the numbers of the addenda received by him during the tender period and taken into account by him in preparing this tender. NOTE: THE VILLAGE OF PORT BURWELL RESERVES THE RIGHT TO REDUCE THE VOLUME OF WORK TO SUIT AVAILABLE FUNDING WITHOUT AFFECTING THE UNIT PRICES FOR THE WORK COMPLETED. 410 FORM OF TENDER 1. 9521 SCHEDULE OF ITEMS AND PRICES 411 PART 1 ROBINSON STREET FROM PITT TOHAGERMAN STREET EST'D UNIT BID ITEM DESCRIPT + UNIT 'TY PRICE AMOUNT The scope of work includes: • removal of the existing sidewalk north of #12 Robinson. The existing sidewalk and concrete steps south of the private sidewalk at #12 Robinson Street will remain; • construction of a 1.8 m sidewalk adjacent to the curb and gutter, including a sloping sidewalk where required to retain the earth bank; • construction of private sidewalks; • filling and landscaping the area disturbed by the removal of existing work and the construction of the new work; • construction of a wheelchair ramp in the curb and gutter at Hagerman Street; and • regrading and restoration of driveways. ** ** ** 1. 1 REMOVE EXISTING CONCRETE SIDEWALK, NORTH OF #12 ROBINSON STREET LIS - 375.00 $ 375.00 1.2 1.8 m SIDEWALK, INCL. GRANULAR BASE m2 430 35.00 15,050.00 1.3 1.0 m SLOPING SIDEWALK TO RETAIN GRASS SLOPE, INCL. GRANULAR BASE m2 35 35.00 1,225.00 1.4 PRIVATE SIDEWALK, INCL REMOVAL OF EXISTING, REGRADING TO SUIT m2 30 35.00 1,050.00 SUB-TOTAL PART 1 $17,700.00 FORM OF TENDER 2. 9521 SCHEDULE OF ITEMS AND PRICES 411 PART 1 ROBINSON STREET FROM PITT TO HAGERMAN STREET (Continued) EST'D UNIT BID ITEM DESCRIPTION UNIT QTY PRICE _ AMOUNT SUB-TOTAL CARRIED FORWARD $17,700.00 1.5 REMOVE 3.0 m OF EXISTING CURB & GUTTER AND REPLACE WITH WHEELCHAIR RAMP AT HAGERMAN ST. L/S - 150.00 150.00 1.6 RESTORE AREA DISTURBED BY THE REMOVAL OF EXISTING SIDEWALK, ETC. AND THE CONSTRUCTION OF THE NEW SIDEWALK, INCL. REGRADING, FILLING, PLACING 100 mm TOPSOIL AND SODDING m2 1500 4.50 6,750.00 1.7 REGRADE DRIVEWAYS TO SUIT NEW SIDEWALK, INCL. 150 mm GRAN. 'A' a) TOP WITH 50 mm OF STONE CHIPS m2 40 15.00 600.00 b) PAVE WITH 50 mm HL 3 m2 40 30.00 1,200.00 TOTAL PART 1 ROBINSON STREET $26,400.00 FORM OF TENDER 3. 9521 SCHEDULE OF ITEMS AND PRICES PART 2 BRIDGE STREET FROM HURLEY TO CHATHAM STREET EST'D UNIT BID ITEM DESCRIPTION UNIT QTY PRICE AMOUNT The scope of work includes: • construction of a 1.5 m sidewalk and asphalt boulevard to suit existing sidewalk and boulevard; • construction of wheelchair ramps; and • grading and landscaping behind the sidewalk. ** ** ** 2.1 1.5 m SIDEWALK, INCL. GRANULAR BASE m2 400 35.00 $14,000.00 2.2 ASPHALT BOULEVARD CONSISTING OF 50 mm HL 3, INCL. 150 mm GRAN. BASE m2 300 25.00 7_,500.00 2.3 REMOVE 3.0 m OF EXISTING CURB & GUTTER AND REPLACE WITH WHEELCHAIR RAMP EACH 3 150.00 450.00 2.4 RESTORE AREA BEHIND SIDEWALK, INCL. REGRADING, PLACING 100 mm TOPSOIL AND SODDING m2 500 4.50 2,250.00 TOTAL PART 2 BRIDGE STREET $24,200.00 FORM OF TENDER 4. 9521 SCHEDULE OF ITEMS AND PRICES PART 3 WELLINGTON STREET FROM VICTORIA TO ELIZABETH STREET 411 EST'D UNIT BID ITEM DESCRIPTION UNIT STY PRICE _ AMOUNT The scope of work includes: • construction of a 1.5 m sidewalk adjacent to the curb and gutter; • construction of a curb adjacent to the tree in mid-block to reduce the limit regrading behind sidewalk; • restore driveways; and • grading and landscaping behind the sidewalk. 3. 1 1.5 m SIDEWALK, INCL. GRANULAR BASE m2 160 35.00 $5,500.00 3.2 600 mm x 150 mm CONCRETE CURB BEHIND SIDEWALK AT TREE IN MID-BLOCK m 3 50.00 150.00 3.3 SUPPLY AND INSTALL MANHOLE FRAME AND GRATE LIS - 350.00 350.00 3.4 RESTORE AREA BEHIND SIDEWALK, INCL. REGRADING, PLACING 100 mm TOPSOIL AND SODDING m2 100 4.50 450.00 3.5 RESTORE DRIVEWAYS, INCL. 150mmGRAN. 'A' a) TOP WITH 50 mm OF STONE CHIPS m2 10 15.00 150.00 b) PAVE WITH 50 mm HL 3 m2 10 30.00 300.00 TOTAL PART 3 WELLINGTON STREET $7.000.00 FORM OF TENDER 5. 9521 SCHEDULE OF ITEMS AND PRICES PART 4 WILLIAM STREET FROM VICTORIA TD ELIZA8ETH STREET 1 411 ELIZABETH STREET FROM WILLIAM TO MAPLE MEADOWS EST'D UNIT BID ITEM DESCRIPTION UNIT QTY PRICE AMOUNT The scope of work includes: • construction of a 1.5 m sidewalk on the north and west side of the streets adjacent to and on the street side of the pole line. The elevation of the sidewalk will be 150± mm above centreline of the road. The sidewalk will terminate at the catchbasin at Victoria Street; and • grading and landscaping adjacent to the sidewalk, including ramping for driveways. ** ** ** 4.1 1.5 m SIDEWALK, INCL. GRANULAR BASE m2 240 35.00 $ 8,400.00 4.2 RESTORE AREA ADJACENT SIDEWALK, INCL. REGRADING AND PLACING 100 mm TOPSOIL AND SODDING 112 500 4.50 2,250.00 TOTAL PART 4 WILLIAM STREET AND ELIZABETH STREET $10.650.00 1 411 FORM OF TENDER 6. 9521 SCHEDULE OF ITEMS AND PRICES 11, PART 5 PITT STREET FROM ROBINSON TO ERIUS STREET EST'D UNIT BID ITEM DESCRIPTION UNIT QTY PRICE AMOUNT The scope of work includes: • removal of existing sidewalk; • construction of a 1.5 m sidewalk in the same location as the existing sidewalk at a similar elevation; • landscaping the area disturbed by construction; and • restore driveways. ** ** ** 5. 1 REMOVE EXISTING CONCRETE SIDEWALK L/S - • 400.00 S 400.00 5.2 1.5 m SIDEWALK AND PRIVATE SIDEWALK, INCL. GRANULAR BASE rn2 170 35.00 5,950.00 5.3 RESTORE AREA ADJACENT SIDEWALK, INCL. PLACING 100 mm TOPSOIL AND SODDING m2 150 _ 4.50 675.00 5.4 RESTORE DRIVEWAYS AND SHOULDER AREA WITH GRANULAR 'A' TONNE 25 20.00 500.00 TOTAL PART 5 PITT STREET 57,525.00 FORM OF TENDER 7. 9521 SCHEDULE OF ITEMS AND PRICES PART 6 ERIUS STREET FROM PITT TO WELLINGTON STREET EST°D UNIT BID ITEM DESCRIPTION UNIT QTY PRICE _ AMOUNT The scope of work includes: • removal of existing sidewalk; • strip topsoil and place sand fill in low area south of Wellington Street in preparation for new sidewalk at a higher elevation and allowing for a maximum grass grade of 3: 1; • construction of a 1.5 m sidewalk in the same location as the existing sidewalk but at an elevation approximately 150± mm higher than road centreline; • construction of private sidewalks; and • regrading areas adjacent to the sidewalk to allow for a'Granular 'A' shoulder on the street side and topsoil and sodding on the house side of the sidewalk. ** ** ** 6. 1 REMOVE EXISTING CONCRETE SIDEWALKS AND STRIP TOPSOIL IN LOW AREA LIS - 400.00 $ 400.00 6.2 PLACE AND COMPACT SAND FILL IN LOW AREA IN PREPARATION FOR RAISING SIDEWALK m3 20 20.00 400.00 6.3 1.5 m SIDEWALK AND PRIVATE SIDEWALKS, INCL. GRANULAR BASE m2 175 35.00 6,125.00 6.4 RESTORE SHOULDER AREA ADJACENT TO SIDEWALK WITH GRANULAR 'A' TONNE 30 20.00 600.00 SUB-TOTAL PART 6 $7,525.00 FORM OF TENDER 8. 9521 SCHEDULE OF ITEMS AND PRICES PART 6 ERIUS STREET FROM PITT TO WELLINGTON (Continued) i - EST'D UNIT SID ITEM DESCRIPTION UNIT QTY PRICE AMOUNT SUB-TOTAL CARRIED FORWARD $7,525.00 6.5 RESTORE GRASS AREA ADJACENT TO SIDEWALK, INCL. PLACING 100 mm TOPSOIL AND SODDING m2 400 4.50 1.800.00 6.6 REGRADING DRIVEWAYS TO SUIT NEW SIDEWALK, INCL. 150 mm GRAN. 'A' AND TOPPING WITH 50 mm STONE CHIPS m2 25 15.00 375.00 TOTAL PART 6 ERIUS STREET $9,700.00 i FORM OF TENDER 9. 9521 SUMMARY PART 1 ROBINSON STREET $26,400.00 111 PART 2 BRIDGE STREET DEFERRED PART 3 WELLINGTON STREET 7,000.00 PART 4 WILLIAM STREET AND ELIZABETH STREET DEFERRED PART 5 PITT STREET DEFERRED PART 6 ERIUS STREET DEFERRED TOTAL TENDER PRICE (EXCLUDING GST) $33,400.00 Amount of tender to be repeated in writing Thirty-Three Thousand Four Hundred _ xx/100 Dollars PROVINCE OF ONTARIO SALES TAX TO BE INCLUDED IN ACCORDANCE WITH SECTION 25 OF THE INFORMATION FOR TENDERERS. IN ACCORDANCE WITH THE CANADA-ONTARIO INFRASTRUCTURE PROGRAM, THE TENDERER SHALL INDICATE BELOW THE ESTIMATED NUMBER OF PERSON-WEEKS OF WORK. THE CONTRACTOR IS REQUIRED TO DOCUMENT THE ACTUAL NUMBER OF PERSON-WEEKS OF WORK DURING THE COMPLETION OF THE PROJECT. ESTIMATED NUMBER OF PERSON-WEEKS INCLUDING ANY SUB-CONTRACTOR IS 20 . 411 FORM OF TENDER 10. The Tenderer agrees to complete the works within a time to be known as the "Time for Completion" in the Information for Tenderers. The Tenderer agrees that this Tender is subject to a formal contract bein; prepared and executed. The Tenderer declares that no person, firm or corporation other than the Tenderer has any interest in this Tender or in the proposed Contract for which this Tender is made. The Tenderer further declares that this Tender is made without any connection, comparison of figures, or arrangements with, or knowledge of, any other corporation, firm or person making a Tender for the same work and is in all respects fair and without collusion or fraud. The Tenderer further declares that no officer or employee of the Municipality or of the Consulting Engineer is or will become interested directly or indirectly as a contracting party, partner, shareholder, surety or otherwise in or in the performance of the Contract or in the supplies, work or business to which it relates, or in any portion of the profits thereof, or in any of the monies to be derived therefrom. The Tenderer further agrees that, if this Tender is accepted by the Owner, 1) he will carry out additional or extra work (including the supplying of any additional materials or equipment pertaining thereto) or will delete any work as may be required by the Engineer in accordance with the Contract, 2) the carrying out of any work referred to in paragraph 1) above or the issuance by the Engineer of a Contract Change Order relating to such work or the acceptance by the Tenderer of such Contract Change Order shall not, except as expressly stated in such Contract or of any Contract waive or impair any of the terms of the Contract Change Order previously issued by the Engineer or any of the rights of the Owner or of the Engineer under the Contract • FORM OF TENDER 11. 3) he will pay to the Owner (in addition to amounts payable by the Owner in 411 respect of site supervision of the work) , the sums specified in the Contract as Liquidated Damages for each calendar day that the works under the Contract, as expressly modified by all Contract Change Orders issued by the Engineer, remain uncompleted after the expiry of the "Time for Completion specified in the Contract or such extended times for completion as may be allowed in writing by the Engineer, and 4) the prices applicable to work referred to in paragraph 1) above shall be determined as follows: a) the Schedule of Items and Prices shall apply where applicable; and b) if the Schedule of Items and Prices is inapplicable, the prices shall be determined in accordance with Section 103-3, Extra Work of the General Conditions. 5) he is not entitled to payment of any part of the Contingency Allowance except for additional work carried out by him in accordance with the Contract as directed by the Engineer and only to the extent of such additional work. FORM OF TENDER 12. 9521 Dated at Lambeth, Ontario this 15th day of June 1995. r Signature of Witness Sign. 'ire of Tenderer J. FRANZE CONCRETE LIMITED 3 Kirk Drive Address Lambeth, Ontario City, Town NOL ISO Postal Code (529)652=9488 (519)652-0546 Telephone No. Fax No. Joe France CONTACT PERSON - PRINT (SEAL) NOTE: If the Tender is submitted by or on behalf of a corporation, it must be signed in the name of such corporation by the duly authorized officers and the seal of the corporation must be affixed. If the Tender is submitted by or on behalf of an individual or a partnership, a seal must be affixed opposite the signature of the individual or the partner. • FORM OF TENDER 13. AGREEMENT 9524 THIS AGREEMENT MADE (in duplicate) this 15th day of June A,D. , 1995. BETWEEN: J. FRANZE CONCRETE LIMITED Hereinafter called the "Contractor" OF THE FIRST PART, A N D VILLAGE OF PORT BURWELL Hereinafter called the "Owner" OF THE SECOND PART. WITNESSETH that the Party of the First Part, for and in consideration of payment or payments specified in the tender for this work, hereby agrees to furnish all necessary machinery, tools, equipment, supplies, labour and other means of construction, and to the satisfaction of the Engineer, to do all the work as described hereafter, furnish all materials except as herein otherwise specified, and to complete such works in strict accordance with the plans, specifications, and tender therefore, all of which are to be. read herewith and form part of this present agreement as fully and completely to all intents and purpose as though all the stipulations thereof have been embodied herein. The work to be done is the 1995 SIDEWALK PROGRAM. The Contractor agrees to do the work as and when directed to be done by the Engineer and to complete the same within a time to be known as the "Time of Completion" in the Information for Tenderers. The Contractor further agrees to pay to the Party of the Second Part, Two Hundred Dollars per day as liquidated damages for every day beyond the expiration of the date of completion stated herein. The Contractor agrees that such moneys may be deducted from any moneys due on the expiry date or to grow due to the Contractor from the operations under this agreement. In CONSIDERATION WHEREOF, said Party of the Second Part, agrees to pay to the Contractor for all work done in the manner provided by the specifications of this Contract, the unit prices on the tender. WITNESS the hand and seal of the Contractor and w`t ess the Corporate Seal of the Owner under the hands of its proper officer i that behalf. SIGNED, SEALED AND DELIVERED ) RANZE CONCRETE LIMITED IN THE PRESENCE OF ) ) 11111IL = wr"ORT BU`"ELL ) 1) .401:0-s..„. —f�1 f As to signature of Contractor ) 4 AOF �' ' Clerk 1995 SIDEWALK PROGRAM 9521 • VILLAGE OF PORT BURWELL GENERAL CONDITIONS The General Conditions of this Contract with regard to control of work, materials, progress of work, Contractor's responsibility and legal obligations shall be those as set forth in the current MTC Form. M-100. NOTE: A copy of these General Conditions is available from the Consulting Engineer upon request. • INDEX TO SUPPLEMENTARY GENERAL CONDITIONS 411 PAGE 1. GENERAL SGC-1 2. SCOPE OF WORK SGC-1 3. DRAWINGS, SPECIFICATIONS SGC-1 4. TESTING OF MATERIALS SGC-2 5. STORAGE YARDS SGC-2 6. CUTTING AND FITTING SGC-3 7. WATER SUPPLY SGC-3 8. LAYOUT WORK SGC-3 9. OCCUPATIONAL HEALTH AND SAFETY ACT SGC-3 10. PUBLIC UTILITIES SERVICES SGC-4 11. WATER, SNOW AND ICE SGC-5 12. PROVISION FOR TRAFFIC DURING CONSTRUCTION SGC-5 13. PROTECTION OF ADJOINING PROPERTIES SGC-5 14. CLEANLINESS OF THE WORK SGC-6 15. CONTRACTOR'S GENERAL OBLIGATION SGC-6 16. SANITARY CONVENIENCES SGC-6 17. PRESERVATION OF TREES SGC-6 18. CONFLICTS AND OMISSIONS SGC-7 19. TRAFFIC SIGNS SGC-7 20. STREET NAME SIGNS SGC-7 21. ERRORS AND OMISSIONS BY CONTRACTOR SGC-7 22. EXCESS LOADING OF MOTOR VEHICLES SGC-7 23. ERRORS IN CONTRACT DOCUMENTS SGC-8 24. CANADA/ONTARIO INFRASTRUCTURE WORKS SIGNS SGC-8 1995 SIDEWALK PROGRAM 9521 VILLAGE OF PORT BURWELL SUPPLEMENTARY GENERAL CONDITIONS 1. GENERAL These Supplementary General Conditions shall apply to and be part of this Contract and shall supplement and/or amplify the General Conditions. 2. SCOPE OF WORK The Contractor shall provide all labour, equipment, supervision and supply all materials necessary to complete the work as shown in, described by or reasonably inferable from the plans and specifications, including the following: SPECIFICATIONS . PART 1 SIDEWALK DRAWINGS - SEE APPENDIX 'B' KEY PLAN SIDEWALK X-SECTION - ROBINSON STREET SIDEWALK DETAILS 3. DRAWINGS, SPECIFICATIONS The Contractor shall be responsible for keeping a complete set of working drawings, specifications, sketches and details available on the job site. Should any contract drawing be amended, the Contractor will ensure that all original drawings are destroyed and replaced with the amended sheets. All drawings, specifications and copies thereof furnished by the Engineer are his property. They are not to be used on any other work, and, with the exception of the signed contract set of the drawings and specifications, are to be returned to him on request on the completion of the work. SUPPLEMENTARY GENERAL CONDITIONS SGC-1 4. TESTING OF MATERIALS • (a) The following tests, as required by the Engineer, shall be paid by the OWNER: 1. Casting and compression testing of concrete cylinders. 2. Compaction tests when the results are satisfactory. 3. Asphalt cement extraction tests. (b) The following tests shall be paid by the CONTRACTOR: 1. COMPACTION TESTS WHEN THE RESULTS ARE NOT SATISFACTORY. 2. ENTRAINMENT TESTS AND SLUMP TESTS DURING CONCRETE WORK. The Contractor shall provide an air meter and operator to determine the entrained air at the time of placement as requested by the Engineer. The frequency of the tests required shall vary with the consistency of the results. (c) The Engineer may require documentary evidence to the effect that materials (granular material , etc.) to be supplied by the Contractor comply with the terms of the specifications. Such evidence must be in the form of a certified copy of a laboratory report from a recognized testing company acceptable to the Engineer. No costs in connection with these tests shall be borne by the Owner. (d) Where a product name is mentioned in this specifications, the Contractor may use an alternative or substitute product, provided that such product is proven to the satisfaction of the Engineer to meet the requirements of the specifications, as outlined in (b) above. (e) Unless otherwise specified, all materials shall be new. 5. _ STORAGE YARDS The Contractor shall be responsible for arranging for adequate storage yards beyond the limits of the road allowance. 410 SUPPLEMENTARY GENERAL CONDITIONS SGC-2 - _ 1 6. CUTTING AND FITTING 411 The Contractor shall do all cutting and fitting of his own work and of other work that may be required to make the several parts come together properly. The Contractor shall not endanger any work by cutting, fitting or otherwise and shall not cut or alter the work of any other Contractor save with the consent of the Owner's representative. Connections must be made with factory manufactured fittings of material approved by the Engineer. The Contractor shall , at no extra cost, maintain a reasonable supply of fittings to facilitate connections to various sizes of various existing materials whether shown on drawings or not. 7. WATER SUPPLY The Contractor shall make his own arrangements for the supply of water and pay for all the costs involved. 8. LAYOUT WORK The Engineer shall establish all necessary alignment and grade stakes. The Contractor shall provide qualified personnel to properly lay out and transfer all lines and grades necessary for construction. The Contractor shall assume full responsibility for detail , dimensions and elevations measured from the alignment and grade stakes provided by the Engineer. The Engineer shall be notified of any layout work carried out and shall check same if he so desires. Checking of layout and/or grades or failure to do so on the part of the Engineer in no way relieves the Contractor of full responsibility for construction to the proper location, grade and alignment. The Contractor shall not rely on the Engineer's Inspector to ensure that the grades are satisfactory. The Contractor shall furnish the Engineer with any reasonable help which may be required in setting out, inspection and testing of the work. The Contractor shall give the Engineer reasonable notice of the time and place where the lines and grades will be needed. 9. OCCUPATIONAL HEALTH AND SAFETY ACT The Contractor shall ensure compliance on his part and on the part of all his Subcontractors with the applicable Workers' Compensation and Occupational Health and Safety legislation, and any regulations thereunder, in particular provisions of said legislation or regulations thereunder having to do with the prevention of accidents, the prevention of diseases and the provision of safe working conditions, including proper sanitation and ventilation. 110 SUPPLEMENTARY GENERAL CONDITIONS SGC-3 9. OCCUPATIONAL HEALTH AND SAFETY ACT (Continued) In any case where pursuant to the provisions of the Workers' Compensation or Occupational Health and Safety legislation the appropriate board of authority orders the Contractor or one or more of his Subcontractors in respect of their operations under this Contract to cease operations because of failure to install or adopt safety devices or appliances directed by order of the said board or authority, or required under said legislation or regulations thereunder, or because said board or authority is of the opinion that conditions of immediate danger exist that would be likely to result in injury to any person, the Contractor shall cease operations forthwith and shall ensure immediate compliance on his part and on the part of all his Subcontractors with such orders. The Contractor shall provide to the Owner, on the Engineer's request, evidence of such compliance with the requirements of the applicable Workers' Compensation and Occupational Health and Safety legislation and any regulations or orders thereunder, including payments due for Workers' Compensation Insurance. The Contractor shall indemnify the Owner and the Engineer of any legal costs, including time lost for preparation and attendance at proceedings, expert witness expenses and any other similar costs should legal action be taken against the Owner in connection with the Occupational Health and Safety Act. 10. PUBLIC UTILITIES SERVICES (a) Before undertaking any excavation, or other work which may conflict with underground or overhead services, the Contractor shall be responsible for giving adequate notice to the various authorities concerned in order that they may arrange to be present to give clearance for the work to proceed. (b) No direct payment shall be made to the Contractor for locating and protecting utilities, or for co-operating with their owners in their removal or relocating, but the cost thereof shall be included in the prices tendered for the various items scheduled in the Tender. The Contractor shall be liable to the utility company involved for any damage to the structure, cables, pipelines, poles or equipment of any utility. The Contractor shall have no claim for any damages, inconveniences or delays occasioned by this work, but shall delay his work so as to co- operate with the utility companies as directed by the Engineer. (c) The Contractor shall be responsible for informing the utilities and other companies of work progress. SUPPLEMENTARY GENERAL CONDITIONS SGC-4 11. WATER, SNOW AND ICE The Contractor shall assume full responsibility for all damage done to the works through the influence of water, snow and ice. He shall make good any damage so caused without extra cost to the Owner within the time designated by the Engineer. 12. PROVISION FOR TRAFFIC DURING CONSTRUCTION (a) Sidewalks The Contractor shall specially consider the convenience of the public. He shall not obstruct any driveway or footwalk any longer or to any greater extent than necessary. He shall provide ample means of access to businesses and residences for both pedestrian and vehicular traffic. He shall construct and maintain suitable and convenient structures for crossing and bridging where an undue hardship is imposed upon pedestrian and vehicular traffic. The Engineer may order that such facilities be improved or extended. (b) Barriers and Lights The Contractor shall , without notice or order from the Engineer, erect and maintain such barriers and lights as may be necessary to ensure safety to the public. TRENCH EXCAVATIONS SHALL BE ENCLOSED WITH SNOW FENCE TO RESTRICT ACCESS TO TRENCHES BY CHILDREN. 13. PROTECTION OF ADJOINING PROPERTIES The Contractor shall avoid damage to any private property and shall not trespass without express permission from the Owners concerned. Any damage which occurs to adjoining private properties shall be completely repaired by the Contractor at his own expense and to the satisfaction of the Engineer. The Contractor shall provide a written release from the Owners of private property re damages. 414/11 SUPPLEMENTARY GENERAL CONDITIONS SGC-5 14. CLEANLINESS OF THE WORK (a) The Contractor shall keep the work and the site in a neat and orderly condition at all times. Waste materials, rubbish and debris shall not be allowed to accumulate, but shall promptly and regularly be removed from the site by the Contractor. Contractor's plant and temporary structures and excess materials shall be promptly removed from the site when they are no longer needed for the progress of the work. (b) On completion of the works, the Contractor shall promptly remove all remaining materials, rubbish, litter, debris, temporary structures, excess materials and plant and shall clean up the site and works to the satisfaction of the Engineer. The Contractor shall provide a written release from the Owner of the site used for the site offices and construction materials indicating satisfaction with the condition of the site. 15. CONTRACTOR'S GENERAL OBLIGATION The Contractor is to include in his Contract Unit Prices and Lump Sums for the execution of all works or obligations, including any necessary licenses or permits, described in the Specifications and Drawings, particularly, under the Supplementary General Conditions, whether or not such work or obligation is set out in the Form of Tender. Particular attention is drawn to the Contractor's general obligation to provide, erect and maintain detours, including flagmen, signs, barricades, lights and watchman. 16. SANITARY CONVENIENCES The Contractor shall provide and properly maintain in clean condition, a suitable and convenient privy or closet accommodation for his men, so that they shall not be a source of inconvenience, complaint or nuisance to the public or to the residents in the vicinity of the works. 17. PRESERVATION OF TREES The Contractor shall be required to exercise utmost caution to ensure that no living trees or hedges are damaged by his operations or his execution of this Contract. SUPPLEMENTARY GENERAL CONDITIONS SGC-6 18. CONFLICTS AND OMISSIONS SIn the event of any inconsistency or conflict in the contract documents, the following shall take precedence and govern in the following order: Addenda (i .e. precedence over Plans) Plans Form of Tender Information for Tenderers Supplementary General Conditions Specifications General Conditions 19. TRAFFIC SIGNS Stop signs and/or yield signs removed during construction shall be replaced immediately when the street is reopened for use. The Contractor shall be responsible for damage caused to the signs during removal and erection. The permanent installation of the signs shall be by the Municipality after the project has been completed. 20. STREET NAME SIGNS The Owner shall remove and replace street name signs. The Contractor shall advise the Owner 24 hours in advance when a sign is to be removed. 21. ERRORS AND OMISSIONS BY CONTRACTOR Errors, mistakes, omissions or unauthorized changes made by the Contractor or his agents, workmen or employees and all damage that may result therefrom shall be rectified by the Contractor at his own expense. 22. EXCESS LOADING OF MOTOR VEHICLES The Contractor shall not cause or permit to be loaded beyond the capacity for which it is licensed, any vehicle used on the work under this Contractor, whether such vehicles are registered in the name of the Contractor or otherwise. S SUPPLEMENTARY GENERAL CONDITIONS SGC-7 23. ERRORS IN CONTRACT DOCUMENTS 411 The Contractor shall review the contract documents and promptly report to the Engineer any error, inconsistency or omission he may discover. If the Contractor does discover any error, inconsistency or omission in the contract, he shall not proceed with the work affected until he has received corrected or missing information from the Engineer. The Contractor shall provide reasonable time at no cost for such resolution by the Engineer. The Contractor shall accept all risks for any solutions assumed by him without the Engineer's consent. 24. CANADA/ONTARIO INFRASTRUCTURE WORKS SIGNS The Contractor shall supply, erect and maintain a SIZE A information sign as directed by the Engineer. The size, wording, painting and construction shall be as per the following Specification. The sign will be removed by the Village and shall become Village property. SUPPLEMENTARY GENERAL CONDITIONS 410 SGC-8 Canada 1 Ontario Infrastructure Works Signage Colour Specifications 0 Al! material prints black except: i PMS Warm Red canada PMS 3% -----r--,--. y .. 6- L_________y IT L iobsO � ntario boulotO ,ttarjo L._0 • Canada/Ontario Infrastructure Works Sign Production Specifications 1. Base sign Size: The sign is to be produced in a bilingual English/French version in one of the following three sizes: Size A. 6' x 4'6' x 1/2' Size B. 8' x 6' x 3/4" Size C. 12' x 9' x 3/4" Material: Signply Glossy White, one side Process: silkscreen printing (if silkscreen printing is not readily available, computer- generated lettering is acceptable, so long as sign can be produced according to specfiications below for design, lettering, layout and colours). Colours: • Black plus PMS Cool Gray 5 for bar across top of sign PMS 356 (green) for jobsOntario logo PMS Warm Red for Canada wordmark . additional colour(s) if needed for municipal logo. See attached layout for colour breaks. Inks: Use exterior inks capable of withstanding heat, cold and precipitation. Film: line work only; no bleeds_ 2. IMPRINT See attached layouts. Signs will carry the following, Canada/Ontario Infrastructure typemark, English and French, across the top; . three to five lines describing the nature of the project; in English and French (English on left hand side, French on right, as per layout) 2 Page 2 jobsOntario logo (proof and colour breaks supplied) _ municipal logo (optional; if used, to be supplied locally and reproduced as per municipality's specifications) . Canada wordrnark (proof and colour breaks supplied) Typeface: Helvetica Neue 56 Italic; Helvetica! Neue 76 Bold italic, Helvetica Neue 86 Heavy Italic. Placement as indicated on attached layout. 1 INSTALLATION INSTRUCTIONS . Signs are to installed in accordance with the attached drawings, and in the most publicly visible area available on the activity/construction site. . The selected location of the sign must not restrict accessibility, pose any hazard or interfere with facilities and services (e.g. electrical, drainage, etc.). . Signs should be free-standing, securely assembled and erected as per attached drawings, away from Other distracting signage. Wherever practial and safe. signage may be securely attached to walls or chain-link/other fencing. . No other signs e.g. those for architects, contractors, etc. should be attached to signs or vice versa. . Signs for this program must be bilingual, English and French. . Sign should be retained on the construction site for a period of up to two months after activity/construction is completed_ . Recipients will make arrangements for removing and re-cycling the signs two months after construction is completed. 0 Canada/Ontario Infrastructure Works Signage-- Production Specifications • _ Y tt .- ' 1 •j• C�7,". „ k ' ., ` ., �r> '�_ .rA. , E I wm�eal�� h y ,x :') 4,�1f1 ,,ft/ PNf GNC,• 1.21* s` L.';.+ .r. Jr ' i.i' .: t..L,t;.-.Z ri,'r ':i.�..' �Yl.. u P ' . ,L,...:—..----.4.----.—.2—.._• �.� 'tAt -�...._ f5 .aJpt • - NMwtia Neu. SE.PtIk 2.7i' • �.�C- t e r(3p�alsarq LW VikWa- 41r,_ Travaux dfinfrastrucfprr Canada,/ Ontario ,Opt suis orgi MMwlka Nn,i ra Boli noir KO pts IFsbj cenieniciti__ _ _ IO Op' — ��--- —".— 11.3r 'College -- - r Cerite Eli 101pl 1 LTi, , - North Cam par ' a Hurry nrrt IOC Os Poidr1 I..1I• _ enovatirin e - COLOUR; - -- P►B,sa rr ---- -- - --- - - - Epj alk jobsOntario s • RAG cotac at 2021. iW'' PM Wail,And ?lirboulotOntarlo LE 11• 1S• it 17. 21' ma- 32.0• slze COLOUR .44 I.Croat artwork at 24'x 32' All material prints Wick except: 2.For C x 4.5°sign.ihoot arrwork it 225% 1.The jobtOntario highs see instnsctions. 1 Far V x C sign,shoal artwork at 300% 2.The Canada wocd'mark:see instructions. 4.For h 2°x 9'sign,shoot artwork at 450% 3.Local partner narrtteflogo if appropriate 4.Dar across lop of sign;prints IMS Cool Gray 5 wr ssw ' ` i1 _N„, • 3e R89 I I 11 -CP Rm. I 1 r 42" ,1 1 . 0 r 1 I sat sa t scar Gamic warm in DE%vino)no 1 Tarr. 1 AilPANGS UN OF QRS it LCCATIfy6 1*115 DEP{ I sr�ThE S i 011 NEPAL Cr — SSIGNPANEL P�,n r . J s— — $I . `- j, I -,,Orn . Tr. I WIRD A - L EQ. I EO. f ma JOINTS Fr. Iz. - MARIE$ k HDF>SZ0NTAL — 4 I 1 I "�'.n BUTT. RAIL J iaCx[arsL r. rsgas 38189 I �1 ow ,r tort aIwy I - x57 \ A i Per ria \ 89x140 - 1 I - I I I ' N N 1431140 • 11 I I I I POST 4 , _,40 ELEVATION ( NOT TO SCALE ) a FOST 1 8`-0"(2438mm) 1 :1111 >t-- . - I 4. I I ;> PANELJC1NT [ J7� } E TION ( HOT TO SCALE ) MATERIALS; PANELS: 19 mm THICX EXTERIOR GRAM PLYINCOO. 12'-0(3 S8rnd %/EONJM 0E.YSlTY. U06,0151-4.2.1.4, POSTS: 1401140 PINE 1 4'-7" t 4-- * 4'--0f I RAILS: MASS PINE (HORIZONTAL, AT TOP & BOTTCV) 6L4119 PINE (AT ALL PANEL JOPITS, I+ORRZ. do VERT) nt \„ — - - - BRACES: E9■t 4O PV.E. ONE BRACE BEHIND EACH PCST. I LSAllS MN. 3(T AGA.'4IST POST. TOP END VALL ?E P.ACEO AT APPROX. 2/3 140GT1T OF SIGH PANEL E I I COLOUR: REAR SOE of PA?€S. POSTS. RARS & 2RA:ES EME TO Ix PMl!ED GREEN *PSIS 3S( • 1 NOTE: 1. ALL POSTS SHALL BE EXTENDED MIN. 1000mm cm am PANS! -OM INTO THE GROUND, & SURROUNDING SOIL b• N SHALL 8E COMPACTED. bi i — I i _ 2. OBTAIN PERMISSION & INSTALLATION DETAILS �1 I�- FROM MBS PROJECT MANAGER ‘ (TEL 416 327-28741, IN CASE OF DIFFERENT ELEVATION OF_ VARIOUS SIGN PANELS srTE CONDITION, i.e.: TO BE ATTACHED TO EXISTING WALL CHAIN-LINK OR OTHER TYPES I ' ( SHOWING THE JOINTS OF THE SIGN PANELS ) N.T.S. OF FENCING. flitPrr►iKc Tills lad Iocllian CANADA/ONTARIO ' Date �' C)Ontario o - INFRASTRUCTURE WORKS SIGNAGE PTnIr No I 7a, M Drawing Trus I SI.T;aI TYPICAL. EXTERIOR SIGN ERECTION DETAIL Or..,n/ No 1995 SIDEWALK PROGRAM 9521 4110 VILLAGE OF PORT BURWELL SPECIFICATIONS PARTI SIDEWALK 1. 1 DESCRIPTION (a) SCOPE OF WORK The Contractor shall provide all labour, equipment, supervision and supply all material necessary to complete the following work as shown in described by or reasonably inferable from the Drawings and Specifications: SIDEWALK AND LANDSCAPING at locations in conformity with lines, grades, dimensions and designs shown on the Drawings. 1.2 MATERIALS (a) CONCRETE Concrete shall conform to Appendix "A" Concrete. (b) GRANULAR BED COURSE Granular bed course shall be Granular 'A' in accordance with OPSS 1000 and OPSS 1010. (c) EXPANSION JOINT FILLER Premoulded expansion joint filler shall be non-extruding and resilient bituminous fibre type 12 mm thickness conforming to A.S.T.M. Specifications D544-49. (d) CURING AGENT The curing agent shall be Ritecure White Pigmented or approved equal between April 1 and October 1. At other times, the concrete shall be cured using wet burlap. 410 SPECIFICATIONS PART 1 SIDEWALK 1, 1.2 MATERIALS (Continued) 410 (e) REINFORCING STEEL Welded wire fabric shall comply with C.S.A. G30.5 "Welded Steel Wire Fabric for Concrete Reinforcement". (f) TOPSOIL Topsoil shall be good quality material and free from roots, stones and other deleterious material . A sample shall be submitted to the Engineer for approval . (g) SEEDING Standard MTO approved grass seed mixtures shall be used. Seed must be current year stock and carry a germination guarantee from a reputable seed house. (h) SODDING Sod shall be fresh cut #1 Nursery Turf and shall be free from weeds or insects. (i) FERTILIZER Fertilizer shall be standard commercial fertilizer (5-20-20) for seeding and (10-10-10) for sodding. 1.3 CONSTRUCTION METHODS (a) EXCAVATION The Contractor shall remove existing sidewalk and pavement where necessary. Excavation shall be made to the required depth, and the base upon which the curb and gutter is to be set shall be compacted to a firm even surface. All soft and unsuitable material shall be removed and replaced with suitable material . The Contractor shall remove foreign material from the roadbase prior to excavation for curb and gutter. The Contractor shall be responsible for disposal of all removed and excavated material as directed by the Engineer. In areas requiring fill under the sidewalk granular base, clean sand shall be used and compacted to 95% Modified Proctor. 411 SPECIFICATIONS PART 1 SIDEWALK 2. 1.3 CONSTRUCTION METHODS (Continued) (b) BED COURSE The Granular 'A' bed course shall be placed to the required depth and shall be MECHANICALLY COMPACTED WITH A VIBRATOR to a minimum of 95% Modified Proctor. (c) PLACING SIDEWALK Existing sidewalks, curbs, and driveways shall be cut back using a saw to accommodate new work. Private sidewalk shall be cut back and graded as requested by the Engineer. Steps shall be placed where the grade is excessive. The sidewalk will be constructed in uniform sections 6 m in length using expansion joint material . Dummy joints shall be made transversely at 1.5 m intervals. The concrete in the sidewalks must be screened. The top of the concrete shall be finished to a smooth and even surface and the edges rounded to the radii shown on the plans. Before the concrete is given the final finishing, the surface of the concrete shall be tested with a 3 m straight-edge and any irregularities of more than 6 mm in 3 m shall be corrected. Concrete shall be given a "broom" finish perpendicular to road centreline. The forms shall be removed within 24 hours after the concrete has been placed. Minor defects shall be repaired with mortar containing one part of Portland Cement and two parts of fine aggregate. Plastering shall not be permitted on the faces and all rejected portions shall be removed and replaced at the Contractor's expense. When completed, all concrete shall be totally covered with a membrane forming material (Ritecure White Pigmented or equal) within three (3) hours of concrete being poured, or wet burlap as directed by the Engineer. The concrete shall be suitably protected from the weather until thoroughly hardened and protected from vehicular traffic for a minimum of four days. The Contractor shall protect fresh concrete with barricades and/or watchman. All damage to existing work caused by vehicular and pedestrian traffic, dogs, etc. shall be made good at the Contractor's expense. (d) BACKFILLING BEHIND SIDEWALK The voids left by the form work or curb machine shall be backfilled with acceptable material to allow for topsoil and compacted to 95% Proctor. SPECIFICATIONS PART 1 SIDEWALK 3. 1.3 CONSTRUCTION METHODS (Continued) (e) SODDING AND SEEDING The Engineer shall direct which areas are to be topsoiled and sodded or seeded. Topsoiling of the sites in preparation for sodding or seeding shall be performed by the Contractor who will be required to supply, spread and compact an average of 100 mm of approved imported topsoil material . The area must be graded and compacted before placing topsoil . The sod shall be laid within 24 hours of being lifted. No sod shall be laid in a frozen condition or upon frozen ground, or under any other condition not favourable to transplanting or growth. Fertilizer shall be uniformly spread at a rate of 4.5 kg/10O m2, 48 hours maximum prior to sodding. The Contractor shall be responsible for watering the areas seeded and sodded, and shall be responsible for growth for a 12-month period after the project has been accepted by the Engineer. 1.4 MEASUREMENT AND PAYMENT (a) SIDEWALK Quantities of sidewalk will be measured in place in square metres and will include private walks as required. Private sidewalk steps shall be measured as above with length increased by 0.5 m for each step. Payment at the unit price bid shall include: - removal and disposal of existing sidewalk, where necessary - excavation, fine grading and compaction of subgrade excavation and disposal of unsuitable material below subgrade supply of fill material for low areas under the sidewalk - cutting tree roots - disposal of unsuitable and excess material - supply and compaction of Granular 'A' under the sidewalk - construction of the sidewalk as specified - extra depth of concrete at driveways and commercial entrances - wire mesh at driveways adjusting manholes, handwells, valve boxes within the limits of sidewalk - saw cutting and removal of existing work to accommodate new work - provisions for signs - backfilling, excavating, grading and compacting behind the sidewalk - air entrainment testing - clean-up of discarded concrete pieces 411 SPECIFICATIONS PART I SIDEWALK 4. 1.4 MEASUREMENT AND PAYMENT (Continued) 4111 (b) LANDSCAPING Quantities of seeding and sodding shall be measured in place in square metres. Quantities, measured as provided above, shall be paid for at the contract price pre unit of measurement in the Form of Tender, which prices and payment shall constitute full compensation for the supply of all materials and labour necessary to complete the work, including excavation or filling, grading, placing topsoil , fertilizer, seed and/or sod, staking sod where necessary and maintaining growth for 12 months. In fill areas, payment shall include supply, placing and compacting acceptable fill material . (c) MISCELLANEOUS All other items shall be measured and paid for at the prices bid in the Form of Tender. Unless indicated otherwise in the Form of Tender, other items shall include the supply of materials, equipment and labour necessary to complete the item. 11 SPECIFICATIONS PART 1 SIDEWALK 5. INDEX TO SPECIFICATIONS PAGE PART I SIDEWALK 1. 1 DESCRIPTION (a) Scope of Work 1 1.2 MATERIALS (a) Concrete I (b) Granular Bed Course 1 (c) Expansion Joint Filler 1 (d) Curing Agent 1 (e) Reinforcing Steel 2 (f) Topsoil 2 (g) Seeding 2 (h) Sodding 2 (i) Fertilizer 2 1.3 CONSTRUCTION METHODS (a) Excavation 2 (b) Bed Course 3 (c) Placing Sidewalk 3 (d) Backfilling Behind Sidewalk 3 (e) Seeding & Sodding 4 1.4 MEASUREMENT AND PAYMENT (a) Sidewalk 4 (b) Landscaping b (c) Miscellaneous 5 1995 APPENDIX "A" CONCRETE SPECIFICATION 1: DESIGN MIX The basic design mix shall consist of the following: Aggregates: 1130 kg. (dry wt.) crushed stone perm' 830 kg. (dry wt.) sand per m' The above weights of aggregate are approximate and adjustments are to be made in proportion to the materials test. Similarly the amount of water should be adjusted to produce the proper slump. Cement: 337 kg. perm' Water: Water cement ratio shall be 0.40 Admixtures: Porzite - 0.34 Air entraining - 7% (±1.0%) at time of placement Slump: Maximum 75 mm NOTE: The final design mix shall be submitted to the Engineer for approval when requested. 2. MATERIALS Cement shall be Normal Portland Cement (Type 10) conforming to Form 1301. THE USE OF SLAG WILL NOT BE ALLOWED. Aggregates shall consist of crushed stone and sand of commercial quality. Combined aggregates shall be of such composition of sizes that when separated on a No. 4 standard sieve, the weight passing the sieve shall not be less than 304 or greater than 504 of the total . COURSE AGGREGATE SHALL HAVE A PETROGRAPHIC NUMBER OF 125 OR LESS. The maximum sized aggregate shall not exceed 18 mm. All stones shall be commercially washed or equal . Water used for mixing shall be clean and free from any ingredients which may set up harmful physical or chemical reaction in the concrete. S APPENDIX "A" 3. CONCRETE MIXING, PLACING AND CURING All concrete shall be mixed-in-transit providing the Company producing the concrete and the travelling distance are approved by the Engineer. Sufficient water only is to be added to the mix to ensure workability and obtain the slump as already specified so that the concrete may flow using vibrators, if necessary, into the corners of the forms and into deeper sections. Concrete during and immediately after depositing shall be thoroughly compacted by means of suitable tools. For thin walls or inaccessible portions of the forms where spading rodding or forking is impracticable, the concrete shall be worked into place by vibrating or hammering the forms lightly opposite the freshly deposited concrete. The concrete shall be thoroughly worked around any reinforcement, and around all embedded fixtures and into the corners of the forms. Excess accumulation of water on the surface of the concrete due to water gain, segregation or other causes, during placement and compacting shall be prevented as far as possible by adjustments in the mix. Provisions shall be made for the removal of such excess water as may accumulate so that under no ci rcumstances wi 11 concrete be placed in such accumulations. 4. DELIVERY OF CONCRETE Upon delivery of each load of concrete, the supplier will provide the Engineer with a copy of the Bill of Lading showing the following: a) Cement content per m3 b) Admixtures c) Truck number d) Time of day and date truck loaded 5. SAMPLING AND TESTING Sampling and testing of concrete shall be in accordance with MTU Form 1350. APPENDIX "A" I APPENDIX 'B' Key Plan Typical Sidewalk X-Section - Robinson Street Sidewalk Details 1 i -_ rr Q R T moue 5, r " .. . ,„, .b__ . .. . _ ------____ -(......... . ._. Az ill Ci COMPS It ST 1 I - f , Lif� e OF A, d `.1 ! ss LM AMI :illi= Minkillf : 's. ' ' IPS- 20 -t7 r=, f �1�1 'Ay ... M= a� �� Q 1Tr►rix La lib. :AMWI'M kiI[eu '�■ O Wil 1 .MIME 0 7�J 7 ,i 44...'j 7E] T i a .. re Latl ., : i�TE ST .- Lel it ,, 6 1 4 , 0 / ■iT! L.0 5T H ii:, 7 / ' tmell..; dm `-ir 1 — - d _`"Rle WIML 1 JII . . �— YIIP it WELL Mill* ST y *E1LIM(,ION1 ST 1 y , _,,,, i fI �_ _ L=�z ■ �! I r N;a.�� ��7me 4 wry] �� Mma E r---, r Pus= �`>r , m Em© 1 L: 1M M moi= EMMol i ano , SC MIE EM : 0 772tiTrrir_a , .. 11'.' -wei . e \ 1_ / —____,, ..... mamma a: ...... .1 . PR©P05Eq SIDEWALK II I \ . _ wiCa V '/ D L .---•. - ' KEY PLAN TJ VILLAGE OF PORT BURWELL 1995 SIDEWALK PROGRAM 1111 CYAIL J. DEMEVERE LIMITED CCNIEUL1 WO fMQ*ErNS tli t2ON EURO,OR WPC 9521 MAY, 1995 ` I 2 EXISTING GROUND ROBINSON ST ` g 4 W is,• _ I F 18m ill VARIES I'0 to 15m TYPICAL SIDEWALK X-SECTION - ROBINSON ST. EXPANSION JOINT INTERVAL 6 Om c r rm J 50 - — 8 — 1 A EXPANSION --DUMMY EXPANSION JOINT JOINTS JOINT CURB 13 GUTTER FNISH wITH- EXPANSION EDGER 5'mmR JOINT 125mm NORMAL FILLER 1 7Srmn RES. DRIVEWAYS 290— 5'" 225mm COMM DRIVEWAYS 1 5n,m 5mm Sf ALLEYS 125 mm GRAN k + r00% PROCTOR f A- A B - B - 1•—I2 n*^ C- C NOTE I EXPANSION JOINTS SHALL BE USED TO ISOLATE OBSTRUCTIONS FROM THE SIDEWALK eg SIGNS , LIGHT POSTS, MANHOLES ETC 2 FORMS SHALL BE SOtTM^ 150mm a 50cn^n x 20Ornm LUM BER 50mm x IOOmm WILL NOT BE ACCEPTABLE 3 EXPANSION JOINT MATERIAL WILL BE 125mx" WIDE 4 PLACE GR 6 8/8 WIRE MESH AT COMMERCIAL DRIVEWAYS AND ALLEYS 5 TRANSITION WIDTH FOR DROP CURB SHALL BE 100"' NORMAL 100m AT WHEELCHAIR RAMPS 6 THE 1.50^' BAY CONTAINING ANY HYDRO POLE SHALL NAVE AN EXPANSION JOINT AT EACH ENO SIDE WALK DETAILS POP?-B � � THE CORPORATION OF THE • . � 4rr VILLAGE OF PORT BURWELL a r P. O. Box 10, Port Burwell, Ontario NOJ ITO rI16% Ilk telephone (519) 874-4343 - fax (519)874-4948 "oRTus REFUG1U June 22, 1995 J. Franze Concrete Ltd 3 Kirk Drive Lambeth ON NOL 150 Attention: Joe Franze Dear Mr. Franze Please find enclosed a certified copy of our By-Law 95-31, as well as the signed copy of the agreement between your company and the Village of Port Burwell. T trust that you will find the attached in order and if you should have any further questions please feel free to call. Yours truly a '%'Free, CET, AMCT • 4F inistrator/C"lerk-`1 reasurer Encls. David R. Free. CET.AMCT(A) • Administrator/Clerk-Treasurer 4411111101 ��pF PORT 80.741-1_, �� THE CORPORATION OF THE * ► ` VILLAGE OF PoFCT B U RWE LL. � P. 0, Box 10. Port Burwell.Ontario NOJ ITO .0Laterepattelephone(519) 874-4343 • fax (519)874-4948 7 *`.=0-avek 1411E1 4 PORTUS REFUGE' 14` June 14, 1995 Cyril J. Demeyere Ltd. PO Box #606 Tillsonhurg ON N4G 4J1 . Attention: Mr.John Welae Dear Mr. Wiebe Please find enclosed a certified copy of By-Law 95-31 passed at the June 13, 1995 Regular Council Meeting authorizing the Reeve and myself to enter into an agreement with J. Franze Limited for the construction of sidewalks within the Village of Port Burwell. Please note that this office requires two signed copies of the appropriate agreement for our files. I trust that you will find the attached in order and if you should have any further questions please feel free to call. Yours truly P . R. Free, CET, AMCT m i nistrator/Clerk-Treasurer Encls. David R. Free, CET, AMCT(A) • Administrator/Clerk-Treasurer po,q,r8 THE CORPORATION OF THE r VILLAGE OF PORT BURWELL P. O. Box 10, Port Burwell,Ontario NO) ITO 1111telephone (S9) 874-4343 • Fax (519)874-4948 Apah=,:,•ftliglek 'ORTUS REFUG\U June 28, 1995 J. Franze Concrete Ltd 3 Kirk Drive Lambeth ON NOL I SO Attention: Joe Franze Dear Mr. Franze Please find enclosed a copy of the agreement between your company and the Village of Port Burwell. We require two copies of the agreement for our files, therefore it would he appreciated if you would sign, seal and return this copy at your earliest convenience. 1 trust that you will find the attached in order and if you should have any further questions please feel free to call. Yours truly ',4 ,. David R. Free, CET, AiMCT Administrator/Clerk-Treasurer End's. David R. Free. CET, AMCT(A) Administrator/Clerk-Treasurer The Corporation of the Village of Port Burwell POBox 10 21 Pitt Street Port Burwell ON NOJ 1T0 BY-LAW 95-32 Being a by-law to regulate and license trailers and trailer camps within Village of Port Burwell. WHEREAS section 236 paragraph 15 of the Municipal Act, R.S.O 1990, c. M.45 as amended gives Council the powers to pass bylaws as follows; 15. For licensing, regulating and governing tourist camps, trailer camps and motels. Definitions (a) In this paragraph, "tourist camp"includes auto camp and any parcel of land or premises equipped with cabins used or maintained for the accommodation of the public, and any parcel of land or premises used or maintained as a camping or parking ground for the public whether or not a fee or charge is paid or made for the rental or use thereof; "trailer camp" means land in or upon which any vehicle, so constructed that it is suitable for being attached to a motor vehicle for the purpose of being drawn or propelled by the motor vehicle, is placed, located, kept or maintained, even if the vehicle is jacked-up or its running gear is removed, but not including any vehicle unless it is used for the living, sleeping or eating accommodation of persons therein. (b) Any by-law passed under this paragraph may, among other things, i. require trailer camps tobe divided into lots, each to be made 1 available for the occupancy of one trailer, ii. provide for the issue of licences for a period of one month or longer to the owner of a trailer camp for each such lot to be made available by such owner for the occupancy of a trailer during the currency of a licence and prohibit the use of any lots for the occupancy of trailers without a licence therefor, iii. require a licence fee of not more than $20 per month payable by the owner of a trailer camp for each such lot and require fees to be paid in advance, except that where a lot is to be made available only for temporary occupancy by persons who continue to maintain elsewhere a usual or normal place of residence or for occupancy by a trailer that is assessed under die Assessment Act, no licence fee shall be charged. AND WHEREAS the council deems it expedient and fair to license trailers and trailer camps towards maintaining the municipal infrastructure. NOW THEREFORE, the Council of the Corporation of the Village of Port Burwell enacts as follows; 1. That all trailer camps within the Village of Port Burwell are required to pay a license fee as prescribed in Schedule "A" forming part of this bylaw. 2. All trailer camp operators are required to submit on a monthly basis for the approval of the Administrator/Clerk-Treasurer a site plan of the camp sites occupied within the trailer park. 3. Submit a detailed site plan identifying all infrastructure (electrical, water, sewer lines) including stone drains, fire routes, emergency routes. 4. All trailer camp operators are required to submit accurate site plans to the Administrator/Clerk-Treasurer updates of the plans from time to time when any changes to items as described in section 3. forming the bylaw. 2 Read a first and second time this 14th day of November, 1995. Reeve Administrator,/Clerk-Treasurer Read a third and final time this 14th day of November, 1995. Reeve Administrator/Clerk-Treasurer 3 Schedule "A" The greater cost of the following; 1. A charge of$10.00 per trailer per month; 2. A charge of$0.50 per day if occupancy is less than 15 days; 3. Failure to report occupancy accurately will result in a flat fee penalty of$20.00 per month regardless of time occupying site. 4 elgin st.thor as health unit poisk- ;.‘ 9 , tqctS Vte...re., c.c.ivks r 0..);)zkg.,VNe-C) . You. Ll...)LU fp6 Cie. iks 4sA eitt reJ5vocks cots.ts, a=c4tv„ 8L-Ilmzscrocik riv.Ns\-w:c-*A t ;V. `e,. 14481t041 t 41 L(,u ` s 544'11 r'rt t'O(U sem . - - 4 1 -141‘111144,0dia /71 ers • 6 4 GUIDELINES FOR CAMPGROUNDS AND RECREATIONAL VEHICLE PARKS 1. INTRODUCTION: A steadily increasing number of campers has stimulated a proliferadion of a wide variety of public and private campgrounds ranging from large accessible fully serviced pads to primitive sites far from roads and highways. The majority of campers expect facilities, such as water supply, sewage disposal aad bathing areas, to be as safe and hazard-free as those they are accustomed to. In view of this, guidelines for the use of public health inspectors in particular, and related agencies in general, were developed. These guidelines should be helpful to the prospective campground developer so that a proposed site can be properly evaluated in terms of space, drainage, sewage disposal and water supply requirements. 2. DEFINITIONS: For the purposes of these health guidelines, the term of words listed below are defined and interpreted as follows: 2.1. Campground - Tract or parcel of land upon which 5 or more spaces for tents or recreational vehicles are located, established, or maintained for the use of the travelling public for overnight or extended stays. x - 2 - 2.2. Operator - A person, organization or body, licensed to operate a campground. 2.3. Recreational Vehicle Park - Campground used for accommodating recreational vehicles only, and trailer park has an identical meaning. 2.4. Recreational Vehicle - means any of the following: 2.41. Travel Trailer - a vehicular portable structure mounted on a chassis or wheels for use as a temporary dwelling for travel, recreation, or vacation intended to be towed by a motor vehicle, which does not fold up or reduce in size for transit. 2.4.2. Slide-in Camper or Pick-Up Coach - an accommodation body that fits into a standard vehicle, for use as a temporary dwelling for travel, recreation, or vacation and is designed for easy removal. 2.4.3. Motorized Camper - an accommodation body that is constructed as an integral part of a self-propelled vehicle for use as a temporary dwelling for travel, recreation, or vacation. 2.4.4. Tent Trailer - vehicular portable structure intended to be towed by a motor vehicle, built on its own chassis, having a rigid top with side malls which may be folded or condensed for transit. 2.5. Dependent Recreation Vehicle - vehicle which is dependent upon camp facilities for toilet, lavatory, and/or electric power. 2.6. Self-contained Recreation Vehicle - recreation vehicle which can operate independently of connections to camp's sewer, water and electric systems. It may contain one or more of the following, but is not limited to a water-flushed toilet, lavatory, shower and kitchen sink, all of which are connected to water storage and sewage holding tanks located within the vehicle. 2.7. Campsite - a plot of ground within a campground designated for the accommoda- tion of a recreational vehicle or accommodation of a tent. 2.8. Recreational Vehicle Lot - campsite designated for the accommodation of a recreational vehicle. 2.9. Tenting Lot - campsite designated for the accommodation of a tent. 2.1O.Tent - A portable lodging unit usually made of canvas, plastic or strong - 3 cloth stretched and usually sustained by poles, and dependent upon separate toilet and lavatory facilities. 2.11. Sanitary Station - A facility used for receiving and/or disposing liquid wastes from recreational vehicle holding tanks, and a sewage dumping station has an identical meaning. 2.12. Service Building - A structure housing washrooms and such other facilities as nay be required. 2.13. Watering Station - A facility for supplying potable water to recreational vehicle water storage tanks. 2.14. Water Riser Pipe - That portion of the water supply system serving the recreational vehicle lot, which extends vertically to the ground surface and terminates at a designated point on the lot. 2.15. Water Connection - Consists of all pipes, fittings and appurtenances from the water riser pipe to the water inlet pipe of the recreational vehicle, and water hook-up has an identical meaning. 2.16. Sewer Riser Pipe - That portion of the sewer lateral which extends vertically to the ground surface and terminates at a designated point on a recreational vehicle lot. 2.17. Sewer Connections - Consists of all pipes, fittings and appurtenances from the recreational vehicle drain outlet to the corresponding inlet of the sewer riser pipe, and sewage hook-up has an identical meaning. 2.18. Refuse - Garbage, rubbish, ashes, trade or bulky wastes. 2.19. Sewage - Any liquid wastes resulting from the discharge of flush toilets, laundry tubs, kitchen sinks, showers, washing machines, dishwashers, or any other source of water carried wastes of human origin. 2.20. Leisure Area - Campground area reserved for swimming, picnics, games or child-play equipment activities. 3. GENERAL LAYOUT AND DESIGN: 3.1. Each campground should be provided with convenient and safe access far the. ingress and egress of traffic from any highway or major street. - 4 - 3.2. Roads in the campground area should provide for convenient vehicular circu- lation. They should be of adequate widths to accommodate the expected traffic load. 3.3. The campground should be located on a site that is well-drained, gently sloping, free from topographical or geological hindrances or other conditions unfavourable to proper enjoyment of the campers. Consistent with site planning requirements, shade trees, underbrush, large rocks, natural vegetative cover, and other natural features should be retained wherever possible, so as to ensure privacy, facilitate drainage, prevent erosion, and preserve scenic attributes of the area. 3.4. The site should not be exposed to objectionable smoke, noise, odours, or other adverse influences and no portion should be subject to unpredictable and/or sudden flooding, subsidence or erosion such that persons or property are exposed to hazards. 3.5. No tenting or recreational vehicle lot should be within 50 ft. (15 m.)* of the right-of-way line of any highway or major street or within 25 ft. (7.5 m.) of the right-of-way line of a minor street, or 10 ft. (3 m.) of the property line. 3.6. Each campsite should have an area of at least 2,000 sq. ft. (186 m.)* with an open and graded parking space sufficient to permit a minimum clearance of 15 ft. (4.5 m.) between sides and 10 ft. (3 m.) between ends of adjacent recreation vehicles. 3.7. The density of the campground should not exceed 15 campsites per acre (38 campsites per hectare) of usable campground area. 3.8. All campgrounds should have at least one leisure area which is easily acces- sible from recreation vehicle lots or tenting sites; with a minimum area of at least 8% of the campground area but not less than 2,500 sq. ft. (232 sq. m.). The leisure area should be so located that it is free of traffic hazards. 4. WATER SUPPLY AND DISTRIBUTION: 4.1. The campground shall be supplied with water complying with current Canadian Drinking Water Standards and Objectives, and obtained from a public water supply *m denotes meters *sq. m. denotes square meters - 5 - system where available. Where such a system is not available within a reasonable distance from the campground, water from a source approved by the Medical Officer of Health shall be provided. 4.2. Water for distribution by means of a piped system or water obtained from a surface source should be provided treatment in a manner satisfactory to the local health agency in accordance with accepted standards. 4.3. Where water treatment is employed, accurate daily reports on the operation thereof should be made and such records should be open for examination at any time by the inspecting agency. 4.4. The water supply source should be capable of supplying 30 Imperial gallons (136 liters) per campsite per day where there are no individual water and sewer hook-ups, and 100 Imp. gallons (455 liters) per campsite per day for campgrounds with individual sewer and water hook-ups and/or with flush toilets available in service areas. 4.5. The water supply source other than the public water supply system should be protected in such a manner that neither surface nor underground contamination may enter the supply from pit privies, septic tank systems, seepage pits, cesspools, and other potential sources of contamination. 4.6. The water distributing system should be made of materials approved in the Ontario Plumbing Regulation. 4.7. Underground water service pipes and sewer lines should preferably be at least 10 ft.. (3 m.) apart horizontally, and separated by undisturbed or compacted earth. 4.8. Water pipes should not be stored in water or in a place where these could be flooded by water or sewage during the construction process. 4.9. The water distribution system should be disinfected after construction and prior to being placed in service each operating season. 4.10. Waste water from faucets shall empty into a drain connected to the campground sewer or to a sump or other suitable arrangement to prevent accumulation of standing water or creation of muddy conditions. - 6 - 4.11. If water riser pipes are provided in individual campsites, these should be provided with approved devices to protect against backflow and backsiphonage and should be so installed that these will not be damaged by the parking of recrea- tional vehicles. The outlet of the riser should be so threaded that a screw connection can be made between the outlet and the recreational vehicle water system. The outlet should be plugged or cupped when not in use. Flexible hosing is suggested for connecting the veh'icle's storage tank to the riser pipe to faci- litate making the shortest possible connection. If the riser pipe is installed above the ground, it should terminate at least 18 inches (46 cm.)* above the ground surface, but if installed in a pit, it should terminate at least 12 inches (20.5 cm.) above the floor of the pit and the pit should be provided with a drain to prevent accumulation of standing water. The drain should not be connected to the sanitary sewer system. 4.12. Drinking fountains if provided, should be constructed of impervious material and have an angle jet with a nozzle above the overflow rim of the bowl. The nozzle shall be protected with a non-oxidizing splash guard. 4.13. Each campground should be provided with easily accessible water supply outlets or watering stations for filling recreational vehicle water storage tanks. 4.14. The watering station should be provided with a vacuum breaker or an equiva- lent device for preventing backsiphonage, a shut-off valve for controlling the rate of flow, and a flexible hose or other appurtenances necessary to reach the inlet of the trailer water storage tank. 4.15. The watering station should be protected from freezing and that a conspicuous sign should be placed at the station indicating what it is, including instructions on how to use the station. 5. SEWAGE: 5.1. SEWAGE DISPOSAL All sewage disposal facilities in travel trailer parking areas must be cons- tructed, installed and maintained in accordance with the provincial Sewage System Regulation. *cm. denotes centimeters - 7 If possible, the sewerage system of a campground should be connected to a public sewerage system. If public sewers are not available within a reasonable distance of the area, adequate disposal facilities must be provided. Where the sewerage system of the travel trailer parking area is not connected to a public sewer, proposed sewage disposal facilities must be approved by the authority having jurisdiction. The sewage treatment installation must be located where it will not create a health hazard or odour nuisance to the occupants of the adjacent property. 5.2. SEWERAGE SYSTEMS: Sewerage systems must have adequate capacity and should be economical to construct, operate and maintain. The design of sewerage and sewage treatment facilities for a travel trailer parking area should be based on the maximum number of trailer spaces to be provided and a sewage flow of 100 gallons (455 liters) per space per day for space with individual water and sewer connections or central washroom facilities utilizing flush toilets and showers, and 30 gallons (136 liters) per space where only privies are provided and there are no indivi- dual water and sewer connections. All sewer lines should be laid in trenches preferably separated at least 10 feet (3 m.) horizontally from any pressurized drinking water supply line. All joints on the sewer line should be made watertight and every effort should be made to minimize groundwater infiltration into the sewerage system. 5.3. INDIVIDUAL SEWER CONNECTIONS: If sewer connections are provided for individual trailer spaces, the sewer riser pipe should be at least 4 inches (10 cm.) in diameter, be trapped below the ground surface, and be so located on the trailer space that the sewer connec- tion is approximately vertical. The riser pipe should be provided with a wooden bumper guard, concrete collar, or other suitable arrangement to protect it from possible wheel damage. The connection between the trailer and sewer inlet should be watertight and self-draining. �t S _ 5.4. PLUMBING: All plumbing installed in travel trailer parking space must be constructed, installed and maintained in accordance with the provincial Regulation respecting Plumbing (Ontario Plumbing Code). Specific attention should be given to the problem of cross connection. Any plumbing fixture in a travel trailer parking area which would permit a cross connection or backflow connection to be made, shall not be connected to the potable water system until the defect has been corrected. Where possible, all plumping should be protected against freezing and sewers should, be installed below the recorded frost penetration depth of the area. 5.5. SINK WASTES: Liquid wastes from kitchen sinks which are not connected to the main waste line of the trailer shall not be discharged onto or allowed to accumulate on the ground surface. Where possible, sink wastes should discharge into the sewerage system through individual sewer connections or into the trailer sewage holding tank. Where individual sewer connections are not available at the trailer space or adequate trailer sewage holding tanks are not provided, the sink wastes should be discharged into a suitable container which should then be emptied into a proper sewage disposal facility at the service building or sanitary station. Sink wastes may be discharged into a leaching pit where permitted. However, no other human body wastes shall be discharged into a leaching pit. Approval for a leaching pit installation must be obtained from the authority having jurisdiction. 5.6. TOILETS: 5.6.1.Privies, where permitted, shall be of the vault-type, fly-tight and vermin- proof, and constructed with impervious floors and riser. No privy shall be located within 100 ft. (30 m.) of a camp space or other building used for human occupancy or within 50 ft. (15 m.) of reservoir, stream lake or impoundment or within 100 ft. (30 m.) of a spring or well other than a drilled well with casing to a depth of 25 ft. (7.6 m.) in which case it should not be less than 50 ft. - 9 (15 m.) from it. Considerations should be given to soil structure topography and. drainage. Generally toilet facilities should not be located uphill from a well. Each toilet should be enclosed in a separate compartment. 5,6.2.Vault type privies should be provided as set out under Table I below: Column I Column 2 Column 3 No. of Minimum number Minimum number Campsites of Privies of washbasins Up to 7 2 2 S to 13 4 4 14 to 20 6 4 21 to 27 8 4 28 to 34 8 6 35 to 40 10 8 5.6.3.For campgrounds having more than 40 campsites, an additional privy and washbasin for each sex per each additional 10 camp spaces should be provided. 5.6.4.Washbasins when used in conjunction with privies should be located as close as possible to the privies being served. 5.7. SANITARY STATION 5.7.1.General All campgrounds intending to allow the parking of recreational vehicles having holding tanks should provide at least one sanitary station. Such sanitary station should consist of at least a trapped 4-inch (10 cm.) sewer riser pipe connected to the camp sanitary sewer system, be surrounded at the inlet and by a concrete apron sloped to the drain, and the riser provided with a suitable hinged cover. A water outlet should be included to permit sanitary maintenance of the station and be marked: THIS WATER FOR FLUSHING AND CLEANING PURPOSES ONLY. The water outlet hose should be reel or tower mounted to assure sanitary storage when not in usa.. A vacuum breaker should be installed at the highest point on the reel or tower mounting. Sanitary stations should be separated at least 50 ft. (15 m.) from a drilled well or 100 ft. (30 m.) from a dug well or spring, and 50 ft. (15 m.) from a surface watercourse. When a campground is not served by a public sewerage system, each sanitary station should be served by a separate - 10 - septic tank. Sanitary stations should preferably be screened for other activities by visual barriers such as fences, walls or natural growth. 5.7.2.Self-contained Recreational Vehicle Where self-contained recreational vehicles not equipped with a holding tank are allowed camp accommodations and where individual sewer hook-ups are absent, the water and sewage service connections of the vehicle should be sealed by threaded cap or any equivalent device. 5.8. SERVICE BUILDING: 5.8.1.Dependent Vehicles Campgrounds which provide campsites for dependent recreational vehicles should have a central service building located within a radius of 600 ft. (183 m.) of the spaces to be served. 5.8.2.Fixture Requirements 5.8.2.1. Where a service building is provided or where a combination of privies and flush toilets are provided, the sanitary fixtures required shall be in accordance with the following: No. of Dependent Recreational Toilets Uri- Lavatories Showers Vehicle Parking nals Spaces Men Women Men Men Women Men Women 1 - 15 1 1 1 1 1 1 1 16 - 45 2 3 1 2 2 2 2 46 - 100 3 5 2 3 3 3 3 5.8.2.2. For campgrounds having more than 100 recreational vehicle space there should be provided: 1 additional toilet and lavatory for men and 2 additional toilet and 1 lavatory for women, per each additional 30 camp spaces; 1 additional shower for each sex per additional 40 camp spaces; and 2 additional men's urinals per each additional 100 camp spaces or fraction thereof. 5.8.3.Self-contained Recreational Vehicle Camps Where a campground is designed exclusively for the use of self-contained recreational vehicles, the following minimum emergency sanitary facilities should be provided: for each 100 camp spaces or fraction thereof, there should be one - 11 - flush toilet and one lavatory for each sex and such other facilities as may be required. 5.9. SOLID WASTE DISPOSAL: Substantial rigid plastic or metal garbage and refuse containers, from which the contents should be removed daily and disposed of in a sanitary manner by the camp operator, should be provided for each camp space, or alternatively a central refuse depository or storage area should be provided, where refuse can be deposited in a sanitary manner. If solid wastes are to be disposed at a dump on the premises, the site and operation should meet current provincial Solid Waste Disposal Regulation or equivalent municipal by-law. 5.10. FIRE PROTECTION AND SAFETY: The recreational vehicle parking area should be kept free of litter, rubbish and other flammable materials. Adequate fire protection should be provided in accordance with the applicable regulations. At least one portable fire extinguisher should be installed in the campground's office or other building on the campgrounds. 5.11. FOOD ESTABLISHMENTS: Any food operation whereby food or drink is served or provided the public with or without charge must meet the requirements of the provincial Food Premises Regulation. 5.12. SWIMMING POOLS: No swimming pool shall be installed at a campground without the approval of the Ministry of Health. It must be operated in compliance with the provincial Public Swimming Pools Regulation. 5.13. BATHING BEACHES: Where a bathing, beach is to be provided, it should be free from any condition that might be injurious or dangerous to the health and safety of the bathers. 5.14. MANAGEMENT: It is the duty of the operator, to maintain the camp in a clean, orderly and sanitary condition at all times. - 12 - 5.15. RESPONSIBILITIES OF CAMP OCCUPANT: The camp occupant should: 5.15.1. Maintain his camp space in a clean and sanitary manner, 5.15.2. Be responsible for proper placement of his recreational vehicle and proper installation of any utility connections in accordance with the instructions of the camp management, 5.15.3. Prevent pets from running at large or committing nuisances within the limits of any camp space, 5.15.4. Maintain the area surrounding the garbage and refuse containers in a clean and sanitary state, 5.15.5. Drive within the speed limits posted, 5.15.6. Handle and store fuel oil, flammable liquids, petroleum gases and pesticides in compliance with safe standards for materials of this type, and 5.15.7. Comply with the fire protection and safety rules of the camp management. - 13 - GUIDELINES FOR OUTDOOR ASSEMBLIES PLANNING REQUIREMENTS (1) No person or organization should hold or operate an outdoor assembly unless a plan and a report specifying the health and safety services and facilities to be provided at the assembly has been submitted to and approved by the local health authority in the area where the assembly is to be located. (2) The plan and report should be submitted to the local Medical Officer of Health at least sixty days prior to the scheduled date of the outdoor assembly and the report should include an estimate of the number of persons that the holder or operator of the assembly expects will attend. (3) The plan should be drawn to scale and clearly indicate access and exit roads, routes on the grounds, the nearest public highways and all areas proposed to be used on the grounds for a medical centre, food distribution centres, waste • disposal sites, washroom facilities, potable wet= outlets and bathing and swimming areas. (4) The land on which an outdoor assembly is to be held should be dry, elevated and well drained. All roads and foot paths should be treated as often as required to prevent dust problems. (5) Every person or organization who holds or operates an outdoor assembly should be responsible for providing health and safety services and facilities as required by the local health authority. - 14 - GENERAL SANITARY REQUIREMENTS Before issuing its approval the local health authority must be satisfied as to the adequacy of sanitary and fresh water facilities as well as those facilities directly related to medical care and first aid. A topographical map or detailed plan should have the following clearly marked: (1) Safety and fire hazards. The immediate activity area and adjacent natural attractions, clearly defining possible hazards such as quarries and pits, scrap piles, swamps and streams and potential fire hazards. (2) The areas for location of camp sites. Camping areas should. be located on elevated well drained dry land open to the air and sunshine part of.the day. The cleared land should have a grass covered base to prevent erosion and dust problems. (3) Sources of potable water. Three gallons per person per day of drinking water, which meets the current Canadian Drinking Water Standards and Objectives, should be provided. Additional provision should be made for adequate distribution and for additional water for flush toilets and fire portection. (4) Food premises location. Food offered for sale should be procured, transported, stored, refrigerated as necessary, prepared and served in accordance with Province of Ontario Legislation and Regulations. (5) Location and maintenance of toilet facilities and waste disposal. These facilities should be located close to a service road, and adequately lighted. They should be maintained and serviced as required on a twenty-four hour a day basis as determined by the local health authority. Consideration should be given to onsite storage or disposal of sewage. - 15 - (6) Location for the collection, storage and disposal of garbage. All garbage and refuse should be collected, stored or disposed of in accordance with good Public Health practice and the requirements of the Waste Management Regulations and the local health authority. A temporary on-site storage area should be considered in the face of unusual traffic and congestion. (7) Bathing and swimming areas. These should be monitored by the local health authority and posted if necessary. PLUMBING FIXTURE REQUIREMENTS All plumbing fixtures should be connected to a municipal sewage system where possible. Where a municipal sewage system is inaccessible, disposal of human waste must be carried out to the satisfaction of local health authority. There should be sufficient toilets, washbasins, urinals and showers throughout the assembly area to meet the requirements of the local health authority. A guideline for use is: - 1 toilet or urinal for every 100 men (1/3 of the total must be toilets) - 1 washbasin for every 200 men - 1 toilet for every 100 women - 1 washbasin for every 100 women If the outdoor assembly is planned to extend beyond 24 hours then one shower per 200 persons should be considered by the local health authority. I - 16 MEDICAL 6 FIRST AID REQUIRE NTS (1) Every outdoor assembly should have an area set aside for use as a medical centre which meets the Medical Officer of Health's requirements with regard to type of occupation, space, lighting access, signs and staffing pattern. (2) Every outdoor assembly should have ready access to properly licensed ambulance service. (3) A continuous and adequate supply of potable water should be available at the medical centre. (4) The medical centre should have toilet and ablution facilities provided for the patients and staff. (5) The medical centre should be continuously staffed an a twenty- four hour basis by personnel whose qualifications are approved by the Medical Officer of Health. A minimum standard should be one Registered Nurse on duty at all times. The greater the anticipated participation in the outdoor assembly the larger and more qualified should be the medical staff. The Medical Officer of Health should make the final decision on the staffing pattern. • .' • • I . G U I D E L I N E S 1 F 0 R RECREATIONAL VEHICLE CAMPGROUNDS I. • m,1.. - '11 ..' - r— ',„ :i '. , rd -'• ,� 11,` e . i .'4 s . i-16:--).,-' 79 r�• f ¢ FOUR REGULATORY CONTROLS INTRODUCTION As a result of an amendment introduced to the Planning Act in 1983, recreational vehicle campgrounds can now be regu- lated like any other land use through zoning and site plan control'. Previously,recreational vehicles were not considered struc- tures and such matters as density, height, location, spacing, parking and loading could not be regulated in a Planning Act by-low". Regulations dealing with these matters were some- times included in by-lows under the Municipal Act. Now that the Planning Act makes specific reference to trailers and mobile homes, the planning aspects of campgrounds should be regulated in a Planning Act by-law. Regulation of business and operational aspects of campgrounds should continue to occur by means of a by-law under the Municipal Act. ZONING BY-LAWS A zoning by-law can include regulations dealing with most of the matters discussed under the heading "Campground Development Policies": density, access and parking, separa- tion distances between campsites, minimum frontage and yard requirements, set-backs from water,etc. Specific regu- lations can be made applicable to ancillary uses and recrea- tion facilities. As stated earlier in discussing official plan policy, the zoning control may be either site-specific or it may take the form of regulations applicable to campgrounds which may be permitted throughout one or more zoning categories such as Rural or Highway Commercial. A site-specific campground zoning by-law gives the munic- ipality much greater control over campground locations than general use provisions.it also affords the public an opportuni- ty to be informed of each campground development. On the other hand, it is more administratively onerous than the general use provision,as a rezoning will be required for each application. • Section 34141 and 40111 of the Planning Act, 1983 make reference to trailers and mobile homes. However, no mention is mode of tents. Recreational vehicles are still not considered structures under other legislation such as the Assessment Act, the Building Code Act and the Highway Traffic Act. 19 In view of the real practical differences, in terms of their impact on a municipality,between en route campgrounds and destination campgrounds, particularly the lease-ownership variety,municipalities may wish to distinguish between these types of campgrounds in their zoning by-lows, in order to control the conversion from one type to another. It is important to note that land use policies and zoning by-laws formulated today cannot be applied retroactively to existing campgrounds. Such policies and by-lows would only apply to new campgrounds and expansions of existing camp- grounds. An existing campground in conflict with a new zoning by-law would become a legal non-conforming use. Its expansion could be permitted by the committee of adjustment or by the council through a rezoning, provided there is no conflict with the official plan. The provisions of a Municipal Act by-law, on the other hand, apply to existing campgrounds as well as to new development. SITE PLAN CONTROL If provision is made in the official plan for site plan control, on area may be designated by by-law as a site plan control area. Within such designated area, the municipality may exercise control over the detailed design of each campground. Design considerations could include landscaping, lighting and floodlighting, the location of parking areas, driveways and walkways, including their surfacing, garbage storage and collection facilities,drainage easements and grading for storm water disposal, Requirements may be included for the continuing maintenance of the above facilities and for snow removal. MUNICIPAL ACT LICENSING BY-LAWS Municipalities have the authority under paragraph 15 of Section 232 of the Municipal Act to pass by-laws for licensing and regulating campgrounds or trailer parks as business establishments. Such licensing by-laws enable municipalities to regulate the ongoing operation or management of all campgrounds, both those pre-doting the by-law and newer campgrounds. Through such licensing by-laws, municipalities are able to ensure that proper health and safety standards are complied with to protect campground users and the local community, Since licences have to be renewed periodically, municipalities hove the opportunity to monitor ongoing man- agement practices, In general terms, if a municipality adopted a licensing by- law,no campground,whether existing or proposed,could be operated unless it had first obtained a licence from the municipality. In order to obtain a licence,an applicant would 20 hove to apply to the municipality and meet the requirements set down in the by-low. Once the requirements were met, a licence would have to be issued. It should be noted that licensing by-laws apply generally throughout a municipality and cannot be varied on a case-by- case basis.To control specific locations and campground uses, zoning by-laws must be used. A licensing by-law could include various operational re- quirements dealing with such matters as fire safety and water safety equipment, sanitary facilities, garbage collection and storage and emergency contacts, for example. The Municipal Act specifies that a campground licensing by-law may require trailer camps to be divided into lots(i.e. campsites,not registered lots),each to be made available for the occupancy of one trailer. This provision was enacted at a time when trailers were not considered to be structures for the purpose of zoning and site plan control. It is now possible to control the maximum number of campsites in a campground (i.e. the density)through zoning and site plan control can be used to control the location of each campsite. OTHER REGULATIONS In addition to the regulatory controls developed by the munic- ipality, campgrounds must comply with all other related pro- vincial legislation and regulations, such as the Ontario Build- ing Code, the Tourism Act (Northern Ontario), the Public Health Act, the Ontario Water Resources Act, and the Envi- ronmental Protection Act.(See Appendices A and C).Consul- tation with the local Fire Marshal's office is also advised. 21 FOR INFORMATION These guideles are intended to assist municipalities in their consideration of campground proposals within a sound plan- ning framework. For general information about preparing planning documents for campgrounds, municipalities should contact the local office of the Community Planning Advisory Branch. Offices are located at: Ministry of Municipal Affairs and Housing Community Planning Advisory Branch Central Region 2nd Floor, 47 Sheppard Avenue East Willowdale, Ontario M2N 5X5 (416:224-7635), Zenith 5-2650 Ministry of Municipal Affairs and Housing Community Planning Advisory Branch North West Region 435 James Street South Thunder Bay, Ontario P7C 4T3 (807:475-1651), Zenith 5-2650 Ministry of Municipal Affairs and Housing Community Planning Advisory Branch South East Region 3rd Floor, 244 Rideau Street Ottawa, Ontario K 1 N 5Y3 (613:566-3801), Zenith 5-2650 Ministry of Municipal Affairs and Housing Community Planning Advisory Branch North East Region 1191 Lansing Avenue Sudbury, Ontario P3A 4C4 (705:560-0120), Toll free 1-800-461-1193 Ministry of Municipal Affairs and Housing Community Planning Advisory Branch South. West Region 7th Floor, 495 Richmond Street London, Ontario N6A 5A9 (519:673-1611), Toll free 1-800-265-4736 For specific information on the submission of a planning document for approval, municipalities could contact the ap- propriate delegated authority or the: 23 Ministry of Municipal Affairs and Housing Plans Administration Branch 14th Floor 777 Bay Street Toronto, Ontario M5G 2E5 (416:585-6014) For information on licensing by-laws, municipalities could contact the: Ministry of Municipal Affairs and Housing Functions Policy Section Local Government Organization Branch 1 1 th Floor 777 Bay Street Toronto, Ontario M5G 2E5 (416:585.7260) 24 APPENDICES APPENDIX A: RELATED LEGISLATION 1. The Municipal Act(Ministry of Municipal Affairs and Housing) Three sections of the Municipal Acture pertinent to trailers,mobile homes or campgrounds: Section 110: general authority for licence fees. Section 210: para. 95: licence fees for mobile homes. Section 232: para. 15: licensing and regulating trailer camps. i)General Authority for Licence Fees Section 11Oaf the Act gives a municipality the general power to charge licence fees for any category of business or trade. This section provides the legislative basis for charging business licensing fees for recreational vehicle campgrounds. However, it does not permit a municipality to charge a per lot licensing fee, nor does it allow fees to be varied for different camp- grounds within the municipality. No maximum fee is prescribed but court decisions have ruled that fees cannot be prohibitive. ii)Licence Fees for Mobile Homes Section 2W,paragraph 95provides for fees to be charged for mobile homes outside a campground, which have not been assessed. iii)Licensing and Regulating Trailer Camps Section 232,paragraph 15 of the Municipal Act, RSO 1980, authorizes the adoption of by-laws to regulate and licence campgrounds and to require that campgrounds be divided into lots,each to be made available for the occupancy of one trailer. At one time, this section specifically provided for the designo- tion of areas of land to be used as trailer camps, tourist camps and motels and for the prohibition of the use of other land for such purposes.This part of the enabling legislation was repealed, January 1, 1979, but the phrase "among other things", which remains in subsection (b) of paragraph 15 has been used by municipalities to authorize the continuation of regulations per- taining to a number of other campground-related matters con- sidered important. The earlier version of paragraph 15 also contained the following as subsection (b)(i): (i)require trailer camps to be divided into lots having such minimum area as the by-law prescribe. The reference to minimum area was deleted in January, 1979 and the current reference to division into lots should be under- stood to be simply for identification of each lot licensed for the occupancy of a trailer. The current text of Section 232, paragraph 15, is as follows: 232. By-lows moy be passed... 15. Far Licensing, regulating, and governing tourist camps, 25 APPENDICES• APPENDIX A: RELATED LEGISLATION 1. The Municipal Act(Ministry of Municipal Affairs and Housing) Three sections of the Municipal Act are pertinent to trailers,mobile homes or campgrounds: Section 110: general authority for licence fees. Section 210: para. 95: licence fees for mobile homes. Section 232: para. 15: licensing and regulating trailer camps. i)General Authority for Licence Fees Section 110 of the Act gives a municipality the general power to charge licence fees for any category of business or trade. This section provides the legislative basis for charging business licensing fees for recreational vehicle campgrounds. However, it does not permit a municipality to charge a per lot licensing fee, nor does it allow fees to be varied for different camp- grounds within the municipality. No maximum fee is prescribed but court decisions hove ruled that fees cannot be prohibitive. ii)Licence Fees for Mobile Homes Section 210,paragraph 95provides for fees to be charged for mobile homes outside a campground, which have not been assessed. iii)Licensing and Regulating Trailer Comps Section 232,paragraph 15 of the Municipal Act, RSO 1980, authorizes the adoption of by-laws to regulate and licence campgrounds and to require that campgrounds be divided into lots,each to be made available for the occupancy of one trailer. At one time, this section specifically provided for the designa- • tion of areas of land to be used as trailer camps, tourist camps and motels and for the prohibition of the use of other land for such purposes.This part of the enabling legislation was repealed, January 1, 1979, but the phrase "among other things", which remains in subsection (b) of paragraph 15 has been used by municipalities to authorize the continuation of regulations per- taining to a number of other campground-related matters con- sidered important. The earlier version of paragraph 15 also contained the following as subsection (b)(i): (i)require trailer camps to be divided into lots having such minimum area as the by-law prescribe. The reference to minimum area was deleted in January, 1979 and the current reference to division into lots should be under- stood to be simply for identification of each lot licensed for the occupancy of o trailer. The current text of Section 232, pa:ograph 15, is as follows: 232. By-lows may be passed... 15. For licensing, regulating, and governing tourist camps, 25 2(5),requires that servicing connections be certified C.S.A.or meet house plumbing standards. 3. The Tourism Act (Ministry of Tourism and Recreation). The only campgrounds now licensed under the Tourism Act are those located in Northern Ontario, which is defined as follows: those ports of Ontario comprised of the territorial districts of Algoma, Cochrane, Kenora, Manitoulin, Parry Sound, Rainy River, Sudbury, Thunder Bay. Timiskaming and those portions of the Territorial District of Nipissing lying to the north or west of Algonquin Park.` Although the standards in the regulation only apply to Northern Ontario, they may also provide some guidance to municipalities in Southern Ontario formulating by-law regulations.The standards are as follows:" 30.(1)Subject to subsection 3, where flush toilets, urinals and washbasins are to be used by guests in common at a comping establishment and the number of campsites,not including camp- sites equipped with individual sewer hook-ups, is in a group itemized in Column 1 of Table 1, the operator of the camping establishment shall provide, TAKE — COI liked 1 CaxuAw 2 COturat 3 Mateo Fermin Part 1 Pan 2 Port 3 Part 1 1 Port 2 Nunsber Number I Number Number Number of of Number of of Ite.n of Wed.- dash of Welsh- Flush 1 Number Coetpsifee Ewan& To8e4E Urinals beans Toilets 1 10- 15 1 1 1 1 1 2 16. 45 2 2 1 2 3 3 46.100 3 3 2 3 5 4 101-130 4 4 3 4 7 5 131.160 5 5 I 4 5 9 6 161-190 6 1 6 4 6 11 7 191.220 7 7 5 7 13 8 221-250 8 8 5 8 15 9 251-280 9 9 6 9 17 �___I- - 1 _a r • Ontario Regulation 9365.1141 under the Tourism Act,R.R.O. 1980 !bid, S. 9 27 (a)for male guests, at least the number of, i)washbasins set opposite thereto in Part 1 of Column 2, ii)flush toilets set opposite thereto in Part 2 of Column 2, and iii)urinals set opposite thereto in Part 3 of Column 2,and (b)for female guests, at least the number of, i)washbasins set opposite thereto in Part 1 of Column 3, and ii) flush toilets set opposite thereto in Port 2 of Column 3. (2)Where any of the campsites mode available in a camping establishment are serviced with individual sewer hook-ups, the operator shall provide, in addition to the requirements set out in subsection 1,at least one washbasin and one Flush toilet or privy for each sex for each 100 campsites or a part thereof so serviced. (3)Where,because of the absence of a water-pressure system, the operator of a camping establishment is unable to comply with subsection 1,he shall provide one privy for each sex for every seven campsites. (4) Each campsite shall hove an area of at least 186 square metres with an open and graded parking space sufficient to permit a minimum clearance of 4.5 metres between sides and three metres between ends of adjacent recreation vehicles. (5)Campsites shall be accessible by means of a driveway, a)at least three metres wide, where the driveway is for one-way traffic; b)at least six metres wide,where the driveway is for two-way traffic, and c)so constructed that automobiles and trailers will not be- come mired. (6)The operation of a camping establishment shall provide, a)one table for each campsite; and b)one garbage can for each campsite or an equivalent central garbage disposal area. (7)The operator of a camping establishment shall not allow the camping establishment to consist,at any time,of more camp- sites than in the proportion of thirty-eight campsites for each hectare of land at that time suitable for accommodation of tents and trailers. 4. The Public Health Act(Ministry of Health) This Act enables the establishment of local Health Units and Medical Officers of Health (M.O.H.). The M.D.H. is responsible for all public health aspects of any business operation in the area. The M.D.H. staff would inspect campgrounds(like other uses) to ensure proper treatment and provision of drinking water, proper , disposal of wastes, and proper preparation of food. These matters ore dealt with in the Food Premises Regulation and Schedule B of the Public Health Act. The M.0 kit, and health 28 inspectors also have detailed guidelines.for all recreational areas from the Public Health Branch of the Ministry of Health. These guidelines assist in their inspections and advise on the development of new campgrounds. 5. The Ontario Water Resources Act RSO 1980(Ministry of the Environment) Section 7 requires a permit to take water in excess of 50,000 litres per day. Section 23 requires approval for the establishment, extension of, or change in any water works, supplying water CO to six or more private residences or(ii)in excess of 50,000 litres per day. For practical purposes,a recreational-vehicle or tent site is interpreted as a residence.Smaller works do not require approv- al, but Ministry of the Environment staff can provide advice on all the Ministry's areas of concern when consulted at an early conceptual stage. Section 24 requires approval for the establishment, extension of, or change in any sewage works and effluent discharge location. This requirement does not apply to sewage works: (i) with no discharge; (ii) providing portial treatment and discharging to a sanitary sewer; or(iii)serving five or fewer residences. Approval is also required for the disposal of sewage on land,e.g.,using spray irrigation.Again,for practical purposes,a recreational-vehicle or tent site is interpreted as a residence. "Sewage" includes storm drainage. 6. The Environmental Protection Act RSO 1980(Ministry of the Environment) Part VII of the Act together with Ontario Regulation 374/81 covers all sewage systems, except those covered by Sec. 24, of the Ontario Water Resources Act. Of the nine classes of systems, the most relevant area: Class l—a recirculating toilet, a self-contained, portable toilet, and all forms of privy including an earth privy, a pail privy, a privy vault and a composting toilet system; Class 2—a leaching pit for waste grey water disposal; Class 3—a cesspool; Class 4—a septic tank system; Class 5—a sewage system which requires or uses a holding tank for the storage or retention of hauled sewage at the site where it is produced prior to its collection by Class 7 sewage system; Class 6—a sewage system in which sewage is treated in a proprie- tary aerobic sewage treatment plant; Class 7—o hauled sewage system. All classes except Class 1 require approval. There are design criteria for Class 1 systems that should be followed. Although the Ministry of the Environment is responsible for Part 29 VII, in most areas of the Province, inspection and approval is by the local health unit which enters into an agreement with the Ministry to act as its agents and administer Part VII. Part V requires approval for the operation, establishment,exten- sion or alteration of a waste management system or a waste disposal site. Part II, Section 8, requires approval for emissions to the natural environment other than water,This requirement covers such things as exhaust fans and chimneys. Part XIII, Section 137, enables municipalities to adopt noise by- laws that can regulate both campgrounds and surrounding uses. APPENDIX B: DEFINITIONS AND TYPES OF RECREATIONAL VEHICLES 1. Definitions Recreational Vehicle Campground means a parcel of land under single ownership which is designed, developed; maintained or intended to provide accommodation,on a temporary or seasonal basis, for recreational vehicles and/or tents plus accompanying towing or carrying vehicles. It may also include accessory uses such as an administration office,clubhouse,snack bar,laundry,conve- nience and souvenir shop, swimming pool, washrooms, showers, manager's dwelling, and recreational facilities. Recreational Vehicle (R.V.)means a portable structure intended as temporary accommodation for travel,vacation,or recreational use. Such structures include motor homes, fold-down camping trailers, truck campers, and travel trailers. Tent means a collapsible shelter of canvas or other fabric stretched and sustained by poles that is used for camping outdoors. Matarhome means a self-propelled vehicle that includes as an integral part a temporary dwelling for travel,vacation or recrea- tion. _ r - rFEl Figure 1: Matorhome 30 PLANNING FOR MOBILE HOMES: A Guideline Prepared by Operations Review Section Operations Control Branch Ontario Ministry of Municipal Affairs and Housing Hon, Claude F. Bennett, Minister Richard Dillon, Deputy Minister G.M. Farrow, Executive Director Plans Administration Division Additional copies available from; Ontario Government Bookstore 880 Bay Street Toronto, Ontario M7A 1Y7 Price: $2.00 payable in advance to the Treasurer of Ontario TABLE (F CONTENTS INTRODUCTION PAGE 1.0 BACKGROUND AND PURPOSE 1 2.0 THE OFFICIAL PLAN 2 2.1 Why Mobile Home Policies Are Needed 2 2.2 Background Information and Analysis 3 2.3 Defining Goals and Objectives 4 2.4 Formulation of Policies 5 3.0 POLICY CONSIDERATIONS 5 3.1 Financial Implications 5 3.2 Locational Criteria 7 3.3 Servicing Requirements 9 3.4 Site Planning Criteria 10 3.5 Implementation 12 4.0 DEVELOPMENT CONTROL 13 4.1 Zoning By-law 13 4.2 Site Plan Control By-law and Site Plan Agreement 15 5.0 ADDITIONAL INFORMATION 17 INTRODUCTION The information in this publication is subject to change. For exact reference see the current legisla- tion. Consult your solicitor on any legal questions. APPENDICES PAGE Appendix A - Definitions 20 Appendix B - Facts You Should KNOW About Mobile Homes 23 Appendix C - Section 35c of The Rlanning Act 32 BIBLIOGRAPHY 38 - 1 - 1.0 BACKGROUND AND PURPOSE Over the years, perceptions of mobile homes have been changing. The Ministry of Municipal Affairs and Housing recognizes this change. It has taken the position that mobile tomes should be treated like other forms of conventional housing. Municipalities have, and can, participate in this changing percep- tion. Through its planning controls, a municipality can promote the acceptance of mobile homes as a legitimate form of housing. Mobile homes, like all forms of development, require public facilities and services. They need adequate roads, waste disposal systems, water supplies and services such as schools, parks and shopping. Mobile home developments need to be planned in the same manner as other forms of housing, and local official plans and zoning by-laws should contain provisions which regulate their location and site planning. This guideline is intended to assist municipalities in preparing official plan policies and zoning by-law provisions to regulate mobile home developments. It suggests general criteria and policy considerations which should be evaluated and adapted to suit the needs of the individual municipality. The information presented relates to mobile homes, and not to modular or prefabricated housing or to travel trailers. It applies primarily to mobile home developments, although sections may also be useful in planning for mobile homes on individual lots.' 1. See Appendix A for'definitions of certain technical terms used in this guideline. - 2 - 2.0 THE OFFICIAL PLAN 2.1 Why Mobile Home Policies Are Needed The lack of available land for mobile homes is one of the main impediments to their development. Because mobile homes are often associated with the 'travel trailer' image of the past, many munici- palites have been reluctant to permit their establishment and they have been relegated to areas considered unsuitable for conventional forms of residential development. In cases where developments are not well designed and do not offer adequate services and facilities, the cause is frequently the absence of planning controls and/or in- adequate development standards. Properly planned and managed, mobile home developments can pro- vide aesthetic living environments. They can contribute signifi- cantly to the total housing stock of a municipality. Modern mobile homes are increasingly accepted as a legitimate form of housing. Here are some reasons: ✓ Mobile homes are fully equipped, permanent occupancy dwellings containing the same basic features, and are subject to the same construction standards as site built homes. They can be similiar in layout and living area to a small bungalow. ▪ Mobile homes are factory produced and transported to the site for permanent or semi-permanent installation. Mass production and low labour input result in relatively low unit cost and mobile homes are less expensive to maintain than conventional homes. If they are located in mobile home parks, land is not included in the' selling price because the home owner rents his site, which reduces the initial cost of ownership. c • _ 3 _ • Mobile home communities provide the consumer with an alternate choice of housing and living environment. •Mobile homes can be made available quickly to help alleviate housing shortages. Also, when a couple with grown children move into a mobile home development, a larger conventional home is often released for younger families. 2.2 Background Information and Analysis The preparation of policies governing mobile homes should be aimed at suiting the community`s needs. No standard approach can be applied to every municipality. Policies must reflect the demand for mobile homes, the physical, social and economic conditions of the community, and financial capability of the municipality. In deciding what is best for the community, council should: • examine the existing inventory of dwelling units in the munic- ipality and in the adjacent communities, noting location, size, function, facilities, forms of tenure, and any problems which may exist. • understand the physical, social and economic impact of mobile home developments, including revenues and expenditures. • identify the demand for mobile homes including the need for various types of developments. • engage the public in an ongoing citizen participation program. •consul[ with advisory staff from the Ministry of Municipal Affairs and Housing. Where official plan approval authority has been delegated, you may wish to consult with the delegated approval authority. - 4 - 2.3 Defining Goals and Objectives Goals and objectives are important because they establish a framework for public decision-making. The background information collected and the municipality's public participation program will provide the information on which to base these goals and objec- tives. Goals in an official plan are usually broad, general state- ments of intent. For example, if the establishment of mobile home developments is considered desirable, a goal might be: "to recognize mobile homes as an alternative form of housing to meet the needs of residents of the community." Objectives are more specific statements which provide a measurable indication of progress in achieving a goal, for example: . '"in establishing mobile home developments, council will attempt to integrate them with existing residential areas through the creation of pedestrian linkages, and the continu- ation of the existing street pattern into mobile home sub- divisions." Goals and objectives provide a background for the development of planning policies. They provide guidance on the scope and purpose of a municipality`s planning program and its policies. - 5 - 2.4 Formulation of Policies The official plan policies should be specific statements aimed at achieving the goals and objectives. They should be defined as precisely as possible so that development applications can be assessed against clearly stated criteria. Council may wish to prepare general policies to apply to mobile homes as a whole, and specific policies to apply to special situations. Official plan policies should also provide direction to zoning stand- ards and requirements. Many of the criteria stated in the official plan will be implemented in a zoning by-law under section 35 of The Planning Act and, where applicable, a site plan agreement under sec- tion 35a of the Act. Policies should clearly state council 's intent, but should not be so rigid that innovation and creativity of design are hampered. The level of detail desirable is a decision council will have to make. Policies, where possible, should be flexible enough to prevent minor amendments to the official plan. The follow- ing section outlines several matters for policy consideration. 3.0 POLICY CONSIDERATIONS 3.1 Financial Implications As with all forms of development, the financial impact that mobile home development will have on a municipality should be fully understood in developing official plan policies and assessing new development applications. Policies should be developed which: - 6 - r specify how the financial impact of a development will be assessed. The municipality should be able to weigh the bene- fits which will be derived, including assessment revenue, em- ployment opportunities, and anticipated spending patterns of the residents, against expenses incurred by the municipality in providing services to the development. • specify which of the various tenure arrangements will be per- mitted, as they affect the provision of services. For exam- ple, with mobile home parks, the park operator can offer a wide range of services and very little cost will be borne by the municipality. in order for the park concept to be suc- cessful, however, it is necessary that it contain a sufficient number of units to derive enough rental income to cover the cost of these services. specify the level of information that will be required by a municipality in assessing any new development. This should include information to be provided at the expense of the developer. It is important that mobile home developments be well planned in advance of their availability for use. r specify that municipal representatives study the significance of adopting urban development standards which would enable mobile home developments to be an economically viable form of housing and be compatible with other forms of housing. . 6 - 7 - 3.2 Locational Criteria Sites chosen for mobile home developments should take into account both the needs of the occupants and the effect they will have on existing land uses. Although the concept of the project and the anticipated social characteristics of the residents may have some bearing on location, they should generally be subject to the same locational requirements as conventional housing built at comparable densities within a municipality. If mobile homes are permitted to locate in areas considered undesirable for conventional housing, the chances are much greater that the resulting development will be unat- tractive and will ultimately evolve into a liability for the munici- pality. If, on the other hand, the same locational criteria are applied to both conventional housing and mobile homes, the result will be communities to be proud of. Locational policies should: ✓ require mobile home developments to locate within existing corrmunities in areas designated or intended for residential use, or in separate residential districts adjacent to existing conTnunities., • require that mobile home developments be located in areas that are within walking distance of schools or can be serviced by existing school bus routes. The potential increase in school costs and demand on school facilities and transportation should be taken into consideration when evaluating a site. • require that mobile home developments have direct access to an open public road which is maintained year round. The devel- opment should have two access points, possibly one entrance and one exit. - 8 - • encourage mobile home developments to locate within easy ac- M cess of employment opportunities, shops and community facili- ties normally required for residential neighbourhoods. Con- venience shopping and other services necessary to accommodate the needs of the residents may be included within the mobile home development land use designation. • prohibit sites from locating where they would cause urban devglopment along a major thoroughfare. • prohibit developments from locating in close promixity to con- flicting or noxious land uses which could be a disturbance or annoyance to the residents. Such conflicting uses include commercial and industrial development, extractive industries, livestock operations', highways2, railways, and airports3. ✓ prohibit developments from locating in areas which have good agricultural potential . e.g., which fall within classes 1 - 4 of the Canada Land Inventory, or in other areas of special or unique agricultural soils4. 1. Where mobile home developments are located near intensive livestock operations, the standards of The Agricultural Code of Practice, Ministry of Agriculture and Food, January 1.76, should be considered. 2. Refer to Guidelines on Noise and New Residential Developments Adjacent to Freeways, Ministry of Housing, April 1979. 3. Provincial policy prohibits the location of residential development above the 30 noise exposure forecast (NEF) unless Canada Mortgage and Housing Corporation accoustical treatment criteria can be met. For further information refer to Land Use Policy Near Airports, Ministry of Housing, March 1978. 4. Refer to Foodland Guidelines: A Policy Statement of the Government of Ontario on Planning for Agriculture, Ministry of Agriculture and Food, February 1978. - 9 - 3.3 Servicing Requirements Water supply, sewage disposal systems and solid waste collection may be the responsibility of either the owner of a mobile home, park, or in the case of a mobile home subdivision, the municipality. All water and sewage systems require government approval . Depending on the type, size and nature of the system, approval must be obtained either from the Ministry of the Environment or the local Medical Officer of Health. Official plan policies should ensure that: • an accessible, adequate, safe and potable water supply is pro- vided to every mobile home in a development. It is Ministry of the Environment policy that, where a public supply of water of satisfactory quantity, quality and pressure is available at the site or at the boundary of the site, connection will be made to it and its supply used exclusively. When a satis- factory public water supply is not available, an approved pri- vate water supply system may be developed and operated. Res- ponsibility for guaranteeing the systems operation should be established in a written agreement between the municipality and the ownerl. • adequate water is provided for fire protection. This may be incorporated as part of the domestic water supply or through the provision of a separate system used specifically for fire protection. The two supplies must not be inter-connected unless both are of satisfactory quality and are safe for drinking. 1. If assistance or information is required in drafting an agreement, consult your local Ministry of the Environment field office. - 10 - • adequate and safe sewage disposal is provided in all mobile home developments for conveying and disposing of sewage. Wherever feasible, a connection should be made to a public system. Where a satisfactory public sewage system is not available, an approved private sewage system may be developed and operated. Responsibility for guaranteeing the systems operation should be established in a written agreement between the municipality and the ownerl. • there are adequate policies to deal with solid waste collec- tion and disposal. The collection of garbage syhould be handled in the same manner as in conventional subdivisions. 3.4 Site Planning Criteria The offical plan should state council 's policies regarding amenities, design and other site planning matters, but the actual requirements will be contained in the zoning by-law or the site plan agreement. Some of the matters council may consider establishing criteria for are: • permitting or restricting various models of units or types of developments. For example, council may feel that single-vides do not blend well with conventional housing, and may permit only double-vides. 1. If assistance or information is required in drafting an agreement, consult your local Ministry of the Environment field office. r - 11 - • protection of natural features. Every attempt should be made to protect natural site features and vegetation. Where necessary, additional plantings and landscaping should be encouraged. Buffering in the form of fencing, natural growth and/or a buffer area may be required between the mobile home development and adjacent land uses. Designs to take advantage of natural buffering (e.g. a river, park, change in topography) should be encouraged. • parkland requirements. Where the land is subdivided, the 5% parkland dedication under section 33(5) of The Planning Act will apply. In mobile home parks, the amount and type of rec- reational space required will depend on the characteristics and anticipated needs of the residents. Because mobile home parks are generally higher in density with narrower streets and smaller lots than conventional developments, adequate open space is even more important. Unless the development is a re- tirement community, equipped playground areas should be ensured. ' Where the land is not being subdivided, the munici- pality should require that a minimum of 5% of the development be set aside for park purposes and should adopt policies for the disposition of the lands and their maintenance. • municipal requirements for parking. Council should establish policies for the provision of on-site parking based on the type and density of development. % - 12 - • street furniture. Policies should be established which specify the subdividers' or mobile home park operators' responsibilities for the provision of benches, waste receptacles, identification of streets, sidewalks and street lighting. • specifications for roads and street pattern. At least two access points to a maintained public road should be pro- vided. Width of streets will vary depending on park type and design, but should be wide enough to provide two-way vehicular movement. 3.5 Implementation The official plan should state how council intends to implement its policies. The plan should specify: ▪ under what conditions mobile homes will be permitted. Will a separate mobile home designation be required or will mobile homes be permitted in other residential designations? • how zoning to cover mobile homes will be instituted. e.g., will a separate zoning category be set up? ▪ when a zoning by-law amendment will be required. e.g., mobile homes may be allowed in areas for residential use, subject to a zoning by-law amendment. • if section 35a and a site plan agreement will be employed. • whether the municipality or the mobile home park operator will be responsible for maintenance of public facilities. If the operator is responsible what maintenance standards will be required and how will council enforce them? - 13 - 4.0 DEVELOPMENT CONTROL 4.1 Zoning By-Law A zoning by-law passed under section 35 of The Planning Act gives a municipality the power to regulate the use of land, buildings or structures in a manner consistent with the policies of the offi- cial plan. The format of by-laws varies. The requirements for mobile home developments contained in the comprehensive by-law (or amendment) may apply to subsequent development, or site specific by- laws may he required. A separate mobile home category is recommended to address the various issues posed by different types and densities of development. The zoning by-law should: • define the area to which the by-law applies. ▪ state the uses permitted in the mobile home zone. Some examples are: residential uses types of units (single-wider, double-wides, 4xpandables) dwelling unit for full time employee non-residential uses community facilities convenience stores Laundromat a mobile home park rental and management office recreation facilities accessory non-residential uses - 14 - • define all permitted uses and any other terms which could be subject tO interpretation. • prescribe minimum standards for such things as lot/site size, density, setbacks, lot coverage, unit floor area. For mobile home parks two sets of standards may be developed - one for the park as a whole, and the other for the individual sites. • specify the size of a development. The scale of mobile home developments should be in keeping with the surrounding area and should be compatible with the size of the facilities in the municipality in which they are located. Although it is desirable for mobile hone developments to be large enough to create a sense of community, they should not be physically, socially or economically detrimental to the municipality. The by-law should also specify the size and location of non- residential uses. • specify parking requirements. Adequate off-street parking areas should be ensured for both residents and visitors. • define storage requirements and restrictions applying to other ancillary uses. As most mobile homes do not have basements, developments should be designed tO allow for the accommodation of attached and/or ancillory storage structures or for c mmer- cial storage. No outside storage should be permitted. • set specifications for display wits. If mobile home sales or model units are to be a part of the project, they should be designed in a way that will not interfere with the residential component of the development. All model units should be located in one area, and the sales activity should be buffered frau living areas. - 15 - 4.2 Site Plan Control By-Law and Site Plan Agreement A municipality with an approved official plan in effect can also use section 35a of The Planning Act to supplement the controls imposed under section 35. Under section 35a council can adopt a by- law designating a specified area or land use designation to be sub- ject to site plan contrail. Prior to the development of any area or land use designation subject to site plan control, council must approve either one or both of the following: • plans showing the location of all buildings and structures to be created, and the location of facilities and works. • drawings showing plan, elevation and cross section views for any commercial building in the development. Section 35a also permits a municipality to enter into a site plan agreement with the developer, which may be registered on title and applied to any subsequent land owners. The site plan agreement may deal with any of the items covered in the site plan control by-law. These items are,identified in section 35a(6) of The Planning Act. 1. Where the planning area Includes townships without municipal organiza- tion, council cannot apply site plan control to the unorganized part of the planning area. - 16 - The site plan agreement can require the developer to provide to the satisfaction of, and at no expense to the municipality: • widenings of highways that abut on the land. • facilities to provide access to and from the land such as access ramps, curbings, and traffic direction signs. • off-street vehicular loading and parking facilities, access driveways (including driveways for emergency vehicles), and the surfacing of these areas and driveways. • walkways (including their surfacing) and any other means of pedestrian access. • facilities for lighting the land, buildings or structures. • facilities for landscaping the land or for the protection of adjoining lands (including walls, fences, hedges, trees, shrubs or other groundcover). • easements conveyed to the municipality for the construction, maintenance or improvements of watercourses, ditches, land drainage, works and sanitary sewage facilities on the land. While section 35a can provide additional controls over and above sec- tion 35, it may not always be necessary or appropriate. Municipali- ties should consider the administrative costs in preparing the by- laws, receiving plans, and drafting and implementing a site plan agreement. It may be necessary to only use section 35a when there is a particular problem they are concerned with (e.g. drainage) which can be dealt with under the legislation. C • - 17 - For further information on site plan control and site plan agree- ments, see the Ministry of Housing's publication Site Plan Control: a An Explanation of Section 35a of The Planning Act. 5.0 ADDITIONAL INFORMATION If more detailed information on the preparation of mobile home policies or regulations is needed please contact: The Community Planning Advisory Branch Central Region South West Region 2nd Floor 7th Floor 47 Sheppard Avenue East 495 Richmond Street Willowdale (Toronto) London M2N 2Z8 M6A 5A9 Telephone: Zenith 52650 Telephone: 1-80O-265-4736 (416) 224-7635 (Toll Free) (519) 673-1611 South East Region North West Region 3rd Floor 453 James Street South 244 Rideau Street Thunder Bay Ottawa P7C 5G6 KO 5Y3 Telephone: Zenith 5-2650 Telephone: Zenith 52650 (807) 475-1651 (613) 566-3801 - 18 North East Region 1191 Lansing Avenue Sudbury P3A 4C4 Telephone: 1-800-461-1193 (Toll Free) . (705) 560-0120 You may also contact directly: 1) for information on Operations Review Section zoning by-laws, site Plans Administration Division plan control by-laws 7th Floor and official plans 56 Wellesley Street West Toronto M2K 1A7 Telephone: (416) 965-6418 Community Planning Review Branch Plans Administration Division 7th Floor 56 Wellesley Street West Toronto M2K 1A7 Telephone: (416) 965-6418 - 19 - 2) for design and Local Planning Policy Branch site planning matters 3rd Floor 56 Wellesley Street West Toronto M2K 1A1 Telephone: (416) 965-5890 - 20 - APPENDICES Appendix A - Definitions Other than the definition of mobile home in The Planning Act, there is no uniform set of definitions covering mobile home developments. The following definitions explain the use of certain terms in this guideline. Mobile home means any dwelling that is designed to be made mobile, and constructed or manufactured to provide a permanent residence for one or more persons, but does not include a travel trailer or tent trailer otherwise designed. Mobile Home, single-wide means a mobile home unit designed to be towed in a single load. Mobile home, double-wide means a mobile home consisting of two sections, separately towable, but designed to be joined together into one integral unit. Mobile home, expandable means a single wide mobile home incorporating parts which may be folded, collapsed or telescoped during transportation and extended to provide additional space at the mobile home site. { - 21 - Mobile home development means both mobile home parks and mobile home subdivisions. Mobile home lot means a parcel of land (a) described in a deed or other document legally capable of conveying land, or (b) shown as a lot or block on a registered plan of subdivision and which is intended for the placement of a mobile home. Mobile home park means a parcel of land under single ownership and management which has been planned and improved for the placement of mobile homes. Residents may own their mobile home but rent the site on which it is located. Ownership and responsibility for the maintenance of internal roads, underground services, commercial areas and buildings, together with general park management including snow clearance and garbage collection, usually rests with the owner. A mobile home park differs from a mobile home subdivision in that no individual lots have been created through the registered plan of subdivision process. Mobile home site means an area of land within a mobile home park that is intended to be occupied by one mobile home. - 22 - Mobile home subdivision means a mobile home development registered as a subdivision containing lots under free- hold tenure, where the responsibility for the maintenance of, streets rests with the municipality, which may also assume responsibility for services such as snow clearance, garbage collection and street lighting. • - 23 - Appendix B - Facts You Should Know About Mobile Homes There are some basic facts pertaining to mobile home developments with which a municipal council should be familiar. To supplement this information, you may wish to consult some of the additional sources listed in the bibliography. 1.0 FORMS OF TENURE 1.1 Mobile Home Parks A mobile home park consists of one parcel of land which is under single ownership and has not been subdivided under The Planning Act. Individual sites are rented or leased to the mobile homeowner. The park owner normally retains title to all land within the park's boundaries, including roads, recreation areas and commercial facilities. He is generally responsible for the installation and maintenance of water and sewage facilities, the maintenance of roads, snow removal , garbage collection and general park upkeep. Some important points to remember about mobile home parks: a a number of services and utilities are provided and main- tained by the park owner, therefore costing the municipality less than other housing developments. r a mobile home park will only be as good as its mangage- ment. Sound management will ensure a pleasant community which meets the housing needs of its occupants. - 24 - • • housing costs can be kept down because of reduced development standards (e.g. narrower roads and smaller lots) and because the land is not included in the cost of the dwelling. While site rental is a part of the housing cost, initial expenses incurred by the mobile homeowner will be considerably lower than for conventional housing. • the mobile home park must be large enough to have sufficient rental :iicome to cover the maintenance operation and managment of the facilities in the park. 1.2 Mobile Home Subdivisions In a mobile home subdivision, the land is subdivided under section 33 of The Planning Act in the same manner as a conventional subdivision. Lots are sold to the individual mobile home owner. Roads, services and utili- ties are owned and maintained by the municipality. Some important points to remember about mobile home subdivisions:. • the ownership of land contributes to a feeling of perman- ence and security for the residents. • standards for services, roads and utilities are the same as for conventional subdivisions, and mobile home developments are therefore more easily integrated with areas of conventional housing. • since the municipality assumes ownership of roads and „utilities, maintenance is assured. - 25 - s development costs may not be less than for conventional housing. 1.3 Co-operative Ownership Co-operative ownership of land for mobile homes involves setting-up a co-operative company under The Corporations Act. Individuals do not receive title to their land, but instead own a share in the mobile home development. Some important points to remember about co-operative ownership: s management responsibility is transferred to the owners. • services and facilities are operated and maintained by the owners. Usually this means reduced costs for the municipality. 2.0 TYPES OF COMMUNITIES In Ontario, mobile home developments generally fall with- in one of three categories. Many of the requirements that the municipality will want will be contingent on the type of development being planned. 2.1 Family or General Occupancy Developments Family developments are generally characterized by younger, smaller families whose income is not high enough / to compete in the conventional housing market. Owners find that mobile homes provide many of the features of conventional homes and yet can be purchased at a lower price. - 26 - 2.2. Retirement Communities Senior citizens often are attracted to the lifestyle offered in retirement communities. As home owners who have built up significant equity over the years, they may seek a smaller housing unit without giving up the privacy and independence of a single dwelling. Maintenance is easy and inexpensive, and residents still have the advan- tage of a yard and garden. Further appeal derives from community and recreational facilities which allow retired folks to share social activities with others their own age. 2.3 Short Term Developments There are situations where mobile homes are used to pro- vide housing on a short term basis. Often, developments are established in conjunction with resource industries, construction sites or military bases. Mobile homes have also provided instant shelter in emergency situations where communities have been destroyed by natural causes. 3.0 DWELLING CHARACTERISTICS The unique features of mobile homes must be recognized in developing standards for such things as site layout, design and proper integration with the surrounding area. • - 27 - 3.1 Production, Marketing and Transportation Mobile homes differ from other forms of housing in that they are factory built, transportable, self-contained dwellings designed and built to be used on their own chassis or frame. Usually marketed without land, they are transported from the factory to a site, often via a dealer. Once they reach the site, the hitch and running gear can be removed and the units set on a foundation. The hitch and running gear can be reattached so that mobile homes can be moved to a new site. 3.2 Construction and Design of Units Mobile homes are generally constructed with a wood frame and aluminum or other light weight but durable exterior. They are one storey dwellings with no attic or basement (although basements are now occasionally being built into the foundation) . Double-vides can have as much floor space as a small bungalow, although single-wides have less. Mobile homes can be designed and constructed to suit the particular needs of a project or a local housing market. However, currently they are usually manufactured in three basic types. Sizes and layouts vary. 0 - 28 - • Single-wide: The original and still most common type of mobile home is the 3 bedroom single-wide of 56 square metres. (They are generally 3.7 m to 4.3 m wide and 14.6 m to 20.1 m long.) The layout of the rooms is linear. ✓ Double-wide: Double-wides are rapidly increasing in popularity. They resemble conventional housing in appearance and offer much more living space (67 square metres to 100 square metres) than a single-wide. They consist of two separately towable components that are joined on the site. Double-wides range from 6.7 m to 7.3 m in width and from 11 m to 18.3 m in length. • Expandable: An expandable mobile home is transported in one load, but incorporates an addition to the home, which fits inside the unit during transportation and is placed in position on location. In addition to increasing the amount of living space, it varies the shape and appear- ance of the home. Expandables are presently the least popular type of mobile home. 4.0 CONSTRUCTION STANDARDS Most mobile homes currently built in Ontario comply with both the Ontario Building Code and the specifications of the Canadian Standards Association. Homes constructed outside Ontario, or older used homes, may not. { - 29 - 4.1 Canadian Standards Association The Canadian Standards Association has developed a series of specifications (CSA 2240) which are intended to ensure uniform quality in the construction of mobile homes and to protect home buyers against inferior products. The specifications cover electrical, plumbing and heating as- pects and include transportation guidelines and struc- tural requirements. The Ontario Building Code requires that all mobile homes must be certified as at least meet- ing the minimum requirements of this standard. Certification is given as the unit leaves the factory. Proper anchoring, climatic differences, rough handling or changes made by the dealer are therefore beyond the scope of CSA Z240. CSA 1240 is basically a voluntary standard. However, it is a requirement for membership in the Canadian Manufac- tures Housingg Institute and for financingunder the National Housing Act. 4.2 The Ontario Building Code The regulations of the Ontario Building Code that apply to site built dwellings also apply to mobile homes and their foundations. All mobile homes constructed and placed-on a foundation in the province since December 31, 1975 must meet the requirements of the Code. - 30 - 5.0 MUNICIPAL REVENUE Municipalities have been able to obtain revenue from mobile homes under one of two methods - licensing or assessment. The current trend is towards assessment. 5.1 Licensing Originally, mobile homes were taxed as road vehicles, and municipalities derived revenue from them by using licen- sing powers permitted under The Municipal Act. Section 354(1) paragraph 87 of the Act provides for a municipa- lity to pass a by-law to license "trailers" in order to collect up to 5240 per year revenue. (A trailer is defined in section 87 of The Municipal Act as "any vehicle so constructed that it is suitable for being attached to a motor vehicle for the purpose of being drawn or propelled by the motor vehicle, and capable of being used for the living, sleeping or eating accommo- dation of persons, notwithstanding that such vehicle is jacked up or had its running gear removed".) Appropriate or not, many mobile homes have been licensed under this legislation. - 31 - 5.2 Assessment Now, since a reasonable degree of permanency can be esta- blished for most mobile homes, they are assessed and sub- ject to property tax. Permanency is determined by removal of running gear, hook-up to services, and the presence of such things as skirtings, foundations, porches, extensions and landscaping. Mobile homes are assessed and taxed in the same manner as conventionally built homes. The only variation is for mobile home parks where the tax bill is divided in two. The land or lot tax bill is seat to the park owner, and the building tax bill is sent to the homeowner. This, however, does not affect the tax revenue obtained by the municipality. - 32 - Appendix C - Section 35c of The Planning Act On June 1, 1977, the Government of Ontario added section 35c to The Plann- ing Actl. This section was enacted to end the random locating of mobile homes by requiring that new mobile home proposals in excess of one unit per parcel of land be subject to an authorizing zoning by-law or minister's zoning order. APPLICATION The legislation applies to mobile homes as dkfined in section 35c. It does not apply to travel trailers or recreational vehicles but rather only to mobile homes constructed for perma- nent residential accommodation. Section 35c. is specifically aimed at areas without adequate zoning controls for mobile homes. It permits one mobile home per parcel of land unless there is a zoning by-law or order in force permitting more (or not permitting any mobile homes at all). A parcel of land is any piece of land in separate ownership that can be sold without obtaining consent under section 29 of The Planning Act. It can also be a lot in a registered plan of subdivision. 1. A copy of section 35c has been provided at the end of this Appendix. - 33 - THE IMPACT OF THE LEGISLATION a Section 35c. now requires that all new mobile home development in excess of one unit per parcel of land be authorized by either a municipal zoning by-law (or a ministerial zoning order enacted under section 32 of The Planning Act). This applies to all municipalities in the province as well as all areas without municipal organization. All mobile home development must also comply with the Ontario Building Code and public health stan- dards. 1. Municipalities with Approved zoning by-laws New mobile home development in excess of one unit per parcel of land or expansions to existing developments must be located in accordance with the terms of the by-law. If such proposals are not permitted under the terms of the by-law, municipal council must pass an appropriate zoning by-law amendment to authorize the proposal and that by-law must be approved by the Ontario Munici- pal Board. Some existing mobile home parks may be legal non-conforming uses (Section 35(7) of The Planning Act). Generally speaking, non- conforming uses are uses that were located legally before the zoning by-law was passed. If such a mobile home park wishes to expand, it can do so only through a zoning by-law amendment. - 34 - 2. Municipalities and Territories without Municipal Organization affected by a Minister's Zoning Order Mobile home development in a given location is either permitted or not permitted under the terms of the zoning order. If it is not a permitted use under the terms of the order then a new mobile home development must be approved through an amendment to the minister's zoning order. Expansions to existing mobile home developments in excess of one unit per parcel of land must be recognized in the zoning order. In most cases a zoning order amendment will be necessary. Information on zoning order amendments is available from Minintry of Municipal Affairs and Housing regional offices or from the Community Planning Review Branch in the Plans Administration Division. Any mobile home located in contravention of a minister's order or Section 35c. is subject to legal proceedings by summary convic- tion and by restraining action. 3. Municipalities with no approved zoning by-laws Mobile home development is subject to Section 35c of The Planning Act. There can be only one mobile home per parcel of land in sevarate ownership. New mobile home development in excess of one unit per parcel of land or expansions to existing ones can proceed only if the muni- cipality passes a zoning by-law to authorize it and that by-law is approved by the Ontario Municipal Board. i - 35 - Mobile home development in excess of one unit per parcel of land located before June 1, 1977 (or located in accordance with a building permit issued before that Mate) may continue to be used provided: (a) the mobile home remains in the same location (b) the use is continuous All mobile homes located in contravention of Section 35c. are subject to legal proceedings by summary conviction and by re- straining action of the municipality. It would normally be ex- pected that such proceedings would be initiated by the municipa- lity although section 35c provides that the Minister and rate- payers also have this authority. 4. Territories Without Municipal Organization:- No Zoning Order Coverage Mobile home development is subject to section 35c of The Planning Act. There can be only one mobile home per parcel of land in separate ownership. New mobile homre'development in excess of one unit per parcel of land or expansions to existing ones can legally proceed only if a minister's order has been made to authorize it. Mobile home parks located before June 1, 1977 (or located in ac- cordance with a building permit issued before that date) may con- tinue to be used provided: (a) the mobile home remains in the same location (b) the use is continuous - 36 - All mobile homes located in contravention of Section 35c are sub- ject to legal proceedings by summary conviction and by re- straining action. Such legal action can be initiated in terri- tories without municipal organization by the Minister, a resi- dent, an adjoining municipality, or a ratepayer of an adjoining municipality. • - 37 - EXTRACT - Section 35c of The Planning Act 35c.--(1) In this sectitn, Interpretation (a) "mobile home" means any dwelling that is designed to be made mobile, and constructed or manufactured to provide a permanent residence for one or more persons, but does not include a travel trailer or tent trailer or trailer otherwise designed; (b) "parcel of land" means a lot or block within a regis- tered plan of subdivision or any land that may be legally conveyed under the exemption provided in clause b of subsection 2 or clause a of subsection 4 of section 29. One mobile (2) Unless otherwise authorized by a by-law in force under home per section 35 or an order of the Minister made under parcel of clause a of subsection 1 of section 32, no person land shall erect or locate or use or cause to be erected, located or used, a mobile home except on a parcel of land as defined in clause b of subsection 1, and in no case except as otherwise so authorized shall any per- son erect, locate or use or cause to be erected, located or used more than one mobile home on any such parcel of land. Saving (3) This section does not apply to prevent the continued use in the same location of any mobile home that, (a) is erected or located and in use prior to the 1st day of June, 1977; or (b) is erected or located in accordance with a building permit issued prior to the 1st day of June, 1977.. Offence (4) Every person who contravenes this section is guilty of an offence and on summary conviction is liable to a fine of not more that $1,000. Right to (5) In addition to any other remedy or penalty provided restrain by law, any contravention of this section may be restrained by action at the instance of the Minister or the municipality in which the contravention took place or any adjoining municipality or any ratepayer of any such municipality or adjoining municipality and, where the contravention took place in territory without municipal organization, the action may be taken at the instance of the Minister or any resident of such territory or any adjoining municipality or any ratepayer of any adjoining municipality. 1976 c.38, s.3. - 38 - BIBLIOGRAPHY 1. Canada Mortgage and Head Office, Housing Corporation Ottawa, Ontario KIAOP7 Mobile Homes Bibliography (Ottawa, 1975) The National Housing Act and Mobile Homes (Ottawa, 1975) Site Planning for Mobile Homes, A Supplement to the Site Planning Handbook (Ottawa, 1973) 2. Canadian Manufactured Housing 55 York Street, Institute Suite 512 Toronto, Ontario Mobile Home Site Planning Kit List of Mobile Homes in Ontario 3. Canadian Standards 178 Rexdale Boulevard, Association (C.S.A. ) Rexdale, Ontario C.S.A. Preliminary Standard 1240. Definitions for Moble Elousing and Recreations Vehicles. April 1970. C.S.A. Preliminary Standard 1240.1 Vehicle Requirements for Mobile Homes. April 1970. C.S.A. Preliminary Standard 1240.2 Structural Requirements for Mobile Homes. April 1970. Proposed C.S.A. Standard 2240.2 Installation Code for Plumbing Appliances and Equipment in Mobile Housing 2nd Draft. July 1968. C.S.A. Preliminary Standard 2240.3.1 Plumbing Requirements for Mobile Housing. April 1970. C.S.A. Standard 8210.1/Z240.4 Gas-equipped Recreation Vehicles and Mobile Homes. August 1970. G.S.A. Preliminary Standard 1240.5 Oil Requirements for Mobile Housing and Recreations Vehicles. April 1970. C.S.A. Preliminary Standard 1240.5 Electrical Requirements for Mobile Homes. April 1970. C.S.A. Preliminary Standard C22.2 No. 148/1240.6.2 - 1970 Electrical Requirements for Recreation Vehicles. June 1970. - 39 - Proposed C.S.A. Standard 7240.7.1. Mobile Home Parks Code. 1471. C.S.A. Standard 8140.10 Oil Fired Warm Air Heating Applicances for Mobile Housing and Recreational Vehicles. 4. Department of Industry, 112 Kent Street, Trade and Commerce. Ottawa, Ontario KIA OHS The Mobile Home in Canada (Ottawa, 1970 5. Ministry of Housing Ontario Government Bookstore (also see page 28) 880 Bay Street Toronto, Ontario M7A 1Y7 Mobile Home Projects, _Site Planning Guidelines 1Toronto, 1574) Mobile Home Information Kit (Toronto, 1977) Urban Development Standards, A Demonstration of the Potential for Reducing Costs (Toronto, 1976) 6. Ministry of Revenue 77 Bloor Street West Toronto, Ontario Ritchie, Andrew, "Real Property - A Basis for M'' ile Home Taxation" Aspects, no. 8 (Summer, 1972) Fa,yan, Ken and Clare Lawrence "Grand Cove Estates: There Mobile Homes are an Improvement" Aspects, no. 26 (Fall, 1978) 7. Ministry of State Communications Directorate for Urban Affairs Canada Mortgage and Housing Corporation Ottawa, Ontario K1A 0P7 Mobile Homes, Recommendations for Alternate Federal Government Actions, report to the Minister ofState for Urban Affairs, the Honourable Andre"Ouellett (September 1977). - 40 - 8. Municipal World P.O. Box 339 St. Thomas, Ontario N5P 3V3 Smither, Michael, "Mobile Homes and Trailers", Municipal World, November 1975. 9. Rural Ontario Municipal Association 100 University Avenue (formerly Ontario Association of Suite 920 Rural Municipalities) Toronto, Ontario MSD 1Vb Mobile Homes are Here to Stay (February 1976) 10. Regional Municipality of 605 Rossland Road East Durham Whitby, Ontario LAN 6A3 Mobile Home Development (October 1916) 11. Regional Municipality Marsland Centre of Waterloo 20 Erb Street West Waterloo, Ontario N2J 4A8 Mobile Homes, A Resource Book Madeleine Poynter (lay 1976) r _ _ _ _ _ immmimi•m•gmmug Action TFrrx_ Matt r+�arf star,. Memo : 9 1 i (3 i_ - J Ou i1/4:1 To id Fitte_ F rvn+#Narnet anyd C.y# 140 Olk ( 1 N-11 43\pr 1 [. iii No Arra CoQ11 1 T('‘fi{ice'a+ krt F a! T VrS s.4q.' t Aber. ®M 1 i 1 1 '` __I O Ptoned 0 Please Call ® will ii.oi Ba[w 0 wa,t,r`c4 0 W,I� On Returned ,ri Pp,srsc. LJ Return 0 Haid 0 ',Our Call 0 Wishes Appo+ntmen1 El was •-,rr. O F i te► 0 Draft Reply For 0 'Prov+c3t ® For Your My Sr$nature More Details rrit r rnaiw<']rr► O Type Draft 0 For Your Approval 0 Keep Mr and Srgrlatur! Informed0 Per Disc�►sswn • If pe cow 0 Circulate Initial n 'rave El Per Youf clet est and Return Apprapr►ate Action Li Mau Rrturn Note and API„rnerj Copes With Comments See Me Li welt, Thar;.% O Please Ans+rrer t�, { tnves? au le NOte and 0 and Ativoet 14 ^ Comments ‘le t . (I/7 ti ‘ -- ' ni-- 1:4 Zoe- 0 11 teSck , ,--.:1/5”" - , - --.0, ,..._ - NA? IV II' Illit. Lb C lea% 7S40-1037 (Rev I. ST) CI 00111, • . 411.11111.1.111.11.6111.11"11"11111P1.111 e it: ir4 4 ' -. . ...- '... -. , - - . ..,1 , am 14 itt:1111111 Ill IIIb, ,', .+,r4"b P ' 1 ijmhseipkllb6. . .. 11110 MobJiehornes .,, ` i _1 ;,,.,,,. ,.....,.. ....,..ti _.,..7.; ,...i.--...,.5; .. . • .. ...1.5...1_,,p..... ..„14,,, ,..,.t.:,.:.. .,;„.. .,:iir. , b , ... .......c. . . . . . .. . 1 ... s , _ . . . .. , • • . . . •.. -.:0%,-":.!A":.•„":- ,4 '..),,..,'' ...7,,k, .1'2 .'-' .-." .- - ' -' '': '''' . •—--- ` `'� �lJ[ This kit contains information for persons interested in purchasing or who already own a mobile home. It has been assembled by the Ministries of Consumer and , Commercial Relations, Environment, Housing, ' ' Attorney-General, Natural Resources,and Revenue ' --.� , and is designed to provide an overview of information • . relating to provincial.legislation, policies and responsibilities. More detailed information can be obtau . from the various offices listed in the enclosed material. This information relates strictly to mobile . � -— -�-. '.. homes and not to travel trailers, modular or X - _ pre f a 4 r ' housing j. k. y ? _ o .f, r y, ' - �'. .- - . Jay qt }, • .1 .- V.:. r. ( ` ct ...-.0 ' X x��Nc 1.y -t#' 1"!'' , '• ,, + P3-1Q i` K. .�:::' ' ' '•"' - / e 1`.'--.;.:r 4 rel . .7 �u., ,•, _ , - 'Y . t iTo1if. 1{i __ . 7 , ' is safeguard yourinteras�I ary to pave signed. Wadi - and./or "-.' • urchasing amoblie'home is.a maior invea ,. `Y the• • .;. •' • Po , del buy,"fahouldfind ou ,; ,+s .f . •. 1 . i , • .ti. it,e r: # • e nrolled iti the'Ch� d • "Sw*.,-,,T "..,rr!� 1404°,f, ;n*" •' . WO certifioats pletiOfi srld ;" ' r ' , -• on,/tfustbecontpre ftertfsapactldr'i`h '• t_ i 4:.k: :`Ilett A •--y. i••••t!!#dllder-end i�urcbasef.'Any defects listed In ''..•;. P-- -a�•••�------_..•--__-.�_. i%oartlttcete�must.be remedied In Peasorlable, The (Ica •ragie:• tl**perednInthebudldiftgtowljo . n1!o/ 0/. _- .., '.. d.�, ••ftk a aR• id •• •lfec4 trltlstalso ... . , f+hoblle4ort�s w e ;, ' '.-1- . .,,i ," �' •�,.. .r`:lq alt ' hl Of] wrist: Fern@ by'tpM a?t3_St O '" ,� rasa attteea,�feasee/cgtttractaand any othal • nersseidOrOlicers fferlt oCld of, • .-,d. I i . , .• ureen%have been se' • n.• . -ehort-term'leases and otherlirrrited arrangements - ,_,l,�..,••,'...., ti'�'preferably by your lawye for the use of local utilitie en fec lilies a prove • + 'unaa,,Jfactor)c . - . ; ., � .'. ' a`e +i. �-_ .-t Nbai Vier Mobile home purchasers intending to locate In a r;' :r �r�•_ l� l ++ ` _- " ��itmobile home park should discuss amenities In detail ,} :,,it! .. ' `+`•-. – �i► with local residents,What are the rights,privileges ] `max .. Does the mobile home O•�L: r 0 .� and responsibilities concerning the location,rent of •-;,. r. Building Code? .;-.'. .',•r .f.-:land,use of utilities,payment of taxes,Insurance,,I;.','f 1 4,.,;•'''r-- ,c r in,i.Does the foundation meet the requirements i les regarding children,pets and cars? r•;•;r w -, --': . `'- _ `` ' the Ontario Building Code? - - `Does the home come under the New Home .y 0 What manufacturer's warranties are avails , arranty Plan Act?If so,what lathe enrolment .:1 E: on the structure itself and on interior number of theparticular mobile home?(The act - ,,:• equipment? • r•'calls for the registration of each new mobile home , 0 is there a suitable site where the mobile ho , that' meets the requirements outlined in the infor- - • can be placed? matlon sheet dealing with warranties,es well as the.". 0 Does this site meet the zoning requiremen .,./ ,separate registration of the builder.The enrolment : the municipality? number can be produced on request by the i1 Is the lot size suitable for the mobile home? '., builder/vendor or checked at one of the plan's ' 'Ontario offices listed on the same information sheet i7 Do you own the land or will you rent it? hich is enclosed in this package. - ' "..�•-` :'-t• - • ❑ If you rent the land.is there a written tenant `-' If a new home warranty under the act is provided,q.•. agreement with the landlord? ., who is giving it—the manufacturer or the vendor? '-:- • ' E Are the utilities adequate? •, is either registered with the Ontario New Home.- •P' 't arranties Plan? , i . If you are going Into Amobil•horns park check •:.• Does the home carry a CSA label? # • Recreational facilities • „-• Do the appliances inside carry CSA labels? - . 'I • • Schools • Are there any written guarantees for the • Open space - p;;- home or the appliances? • Transit facilities • yC' • Do they apply in Ontario? • Landscaping � • b' • • Parking space . :i •- .' 1.i - s 14 $ , ', --- A4ag3911;4).,- .4110.. ... ” > , • -esem Mobil[ homes: Consumer laiire"" protection The Business Practices Act,The Consumer Protec- Home warranties lion Act and The Real Estate and Business Brokers Act. New mobile homes sold in Ontario are protected The Business Practices Act creates sanctions by the Ontario New Home Warranties Plan Act,1978. against and prohibits a wide range of unfair practices This act—administered by the-Il DAC New Home in consumer sales and services,although trans- Warranty Program—a non-profit corporation— actions in real property(land)are excluded. applies to homes sold on or after Jan.1,1977.(A list Under this Act,a transaction or agreement may of the offices appears on the reverse side). be cancelled within six months if a false,misleading, Mobile homes bought without permanent founda- deceptive, or unconscionable representation has tions,or which are only later set on foundations, taken place. purchased or rented from parties other than the The Consumer Protection Act regulates door-to- original registered builder/vendor,are not covered. door sales people and establishes the purchaser's right to a written contract giving full details of the Coverage Is extended Ina mobile home where: sale whenever delivery of the goods,performance 1. It is built according to the Ontario Building of services,or payment will take place after the Code, contract has been signed.Complete disclosure of 2. Itis placed on a permanent foundation, the credit arrangements must also be made in the contract. 3- it is sold and erected on a permanent foundation by a registered builder or vendor, The Real Estate and Business Brokers Act pro- 4 It is sold for permanent occupancy,not vides for the registration and bonding of real estate seasonal use. brokers and salesmen. Builders and vendors of such homes are obliged The purchase or lease of a mobile home unit to give a first-year warranty that the homes are permanently situated on a lot or the purchase or constructed in a workman-like manner,free from lease of a lot on which to place a mobile home may major structural and materials defects,fit for be arranged through these agents.Units purchased habitation and built according to the Ontario separately are not considered to be real property Building Code. and need not be handled by real estate brokers and salesmen. Builders and vendors are responsible for repairing These Acts are administered by nine Consumer any defects in material or workmanship discovered in the first year of habitation.If they are financially Services Bureaus across the province which have Incapable of paying compensation,the corporation been set up to provide information and to protect will do so.It will also pay compensation for major consumers'rights and privileges under Ontario law. structural defects discovered during the second to fifth year. Liens Consumer Legislation The personal property security registration (PPSR)branch of the Ministry of Consumer and Used mobile homes are not covered by the New Commercial Relations has a computerized registry Home Warranties Plan Act.They would legally be of 2.5 million items of personal property used as deemed"chattels"(personal property)and be sectfrtty for debt in Ontario. subject to other consumer protection laws,such as Anyone contemplating the purchase of a used Ministry of Communications Branch Ministry of Consumer&Commercial Aerations Consumer and Dth Floor Commercial Relations 555 Yonge st Toronto,Oft Ontario 0417.01 2H8 Telephone (x161965-4239 • mobile home should check with the branch to find HUDAC New Home Warranties Plan offices: out it that property has a lien on it;that is,has the home been used as security for debt?Mobile home Head Office owners should check for liens with the provincial 180 Bloor St. W. land registry office in their area before buying a plot Suite 702 of land for the home. Toronto,Ont. M5S 2V6 If a home(or an area of Land)with a lien on it is Telephone (416)922-3005 sold,the debt passes to the purchaser of that property and legal title to the home or land Is Ottawa Regional Office postponed until the debt is paid. (serving Eastern Ontario) 969 Bronson Ave. This,however,would not prevent physical use of Suite 203 the property. Ottawa,Ont. Lenders who accept personal property as a KIS 4G8 security for debt must register the security interest Telephone:(613)235-2300 (the lien) with the Ministry of Consumer and Toronto Regional Office Commercial Relations.Security interest on personal (serving Central Ontario) property must be registered with the PPSR branch. 251 Consumer Rd. Liens on land,with or without buildings,must be Suite 1120 registered with the land registry branch. Willowdale,Ont. Because the definition of mobile home varies for Telephone (416)494-4421 different purposes,a debt using such a home as a Hamilton Regional Office security may be registered in either category. (serving Hamilton and Niagara) For$2 one of Ontario's 48 local PPSR offices 289 Queenston Rd. located in the land registry office of each county or Suite 19 district town will ascertain whether a lien exists. Hamilton,Ont. L8K 1H2 When a mobile home park owner agrees to a lease Telephone:(416)549-1377 in excess of seven years,the lease must be Kitchener Regional Office registered with land registry and the mobile home (serving Southwestern Ontario) could be used as a security for the debt.Notices of385 Frederick St. the security debt could be registered against the Suite D leased land. Kitchener,Ont. Enquiries regarding chattel registration should be N2H 2P2 directed to local PPSR offices.Multiple enquiries Telephone:(519)744-0861 (over 20 per month)may be directed to PPSR head Thunder Bay Regional Office office,at 400 University Ave.,Toronto,Ont.M7A 2J5 (serving Northwestern Ontario) and paid by deposit account. 1265 Arthur St. Suite 704 Thunder Bay,Ont. Telephone:(807)623-4791 Sudbury Regional Office (serving Northern Ontario) 45 Elm St. E. Suite 310 Sudbury,Ont. Telephone:(705)674-2314 Mobile homes:Ser OIK environmental considerations Individuals interested in living in a mobile home available at the site or at the boundary of the site, park would normally have the mobile home con- connection shall be made thereto and its supply netted to communal water and sewage systems. used exclusively.When a satisfactory public water Generally,these systems must be approved by the supply is not available,an approved private water Ministry of the Environment prior to being installed, supply system may be developed and operated. and the operation of them rests with either the If the system serves more than five dwellings, mobile home park owner or the municipal authority. approval must be received from the Ministry of Small systems serving five dwellings or less are the Environment. usually approved by the local Medical Officer of Consideration must be given to the provision Health.This applies to systems serving both mobile of adequate water not only for normal domestic home parks and mobile homes constructed on purposes but also for fire protection.This may be individual lots. incorporated as a part of the domestic water supply Solid waste collection and disposal is the respon- or through the provision of a separate system used specifically of either the mobile home park operator or stancesssalare for fire protection. to be inter-connectedr no con the municipality.The park may have rules prohibiting unless both these two suppliesquality e dae o the storage of garbage on individual lots,in which rinkig pu are of satisfactory Thew eis and safe r case there will be central garbage facilities.Where drinking i not connected The water n- otablen systems- on-site storage is allowed,special stands may be shall be water up lie with where necessary,e r yques- on-site to prevent containers from being tipped, tunable supplies,and where shall to minimize spillage and to facilitate cleaning around he protected against the hazards of back-flow or the containers.Mobile home owners should deter- mine backsiphonage. rules and responsibilities prior to moving onto the site. Sewage collection Water supply disposal & distribution system Adequate provisions shall be made to prevent freezing of service lines and sufficient shut-off An accessible,adequate,safe and potable water valves should be located to isolate problems which supply should be provided in each mobile home may occur in the distribution system. development.Where a public supply of water of Adequate and safe sewage disposal shall be satisfactory quantity,quality and pressure is provided in all mobile home developments for Nddltianal Information Weer-Cartrol Regional Moe Ministry Further Information can be obtained 140 Centennial Parkway North of the by contacting your local Ministry of the Stoney Creek,Ont. LSE 3H2 Environment office or the following Telephone:{4161 561-7410 Environment Regional offices: Control Reylanl Oates Ontario Northwestern Regional Qntce Suite 700, 150 Farrand Drive P O Box 5000 Don Mills,Oft M3C 3C3 435 James Street South Telephone:14161 424-3000 Thunder Bay,Ont P7C 508 Scutheostern Regional Mee Telephone (607) 475-1205 133 Dolton Street Northeastern Regional Qitip P O. Box 820 469 Bouchard Street Regency Mail Kingston, Ont. FIST 4A6 Sudbury, Ont. P3E 2K8 Telephonf:(613)549-4000 Telephone: 17051 522-8282 Southwestern Regional OMce 965 Adelaide Strssl South London, Ont. 146E 11/3 Telephone: (5191 661-3600 conveying and disposing of sewage.Wherever feasible,connection shall be made to a public Noise & other system.When a satisfactory public sewage system disturbances is not available,an approved private sewage system may be developed and operated. All sewer lines shall be located in trenches of In the selection of a mobile home site,find out sufficient depthtoavoidll located eezing,toin be free of about activities and operations on lands adjacent to,or near the site that could be a disturbance or breakage due to traffic and shall be separated from theannoyance.This would include the possibility of development water supply ata safe distance. odors and/or noise from farm operations,industrial activity,highways,railways,airports and other activities and utilities.The impact of noise can be attenuated to a certain extent by separation,site design and structural alterations,but mobile homes often provide limited opportunity for incorporation of noise control measures. c • • • •i ' ..*w: is ., I Mobile homes: A .1. The Onto Builder Code k Mobile homes are factory built,single-family References are made In the Building Code to dwellings designed to be placed on permanent buildings less than 14 ft.wide,which would mainly foundations and connected to utilities. be mobile homes.For example,there are special The regulations of the Ontario Building Code anchorage or tie-down requirements to prevent apply to all mobile homes newly constructed and these units from being da due to displace- placed on a foundation in the province of Ontario meat or overturning as a reesged sult of wind loading, since Dec.31,1975. Footings and foundations for mobile homes must The same basic regulations in the Building Code be designed and constructed in the same way as applmey to bcasic l al on-site constructed those for conventional on-site constructed dwell- thatdwellings apply to factory-assembled mobile homes. pies.Alternativesriuoinclude:erimtcer foundae tions.on. grade, piers or continuous perimeter foundations. The purchaser of a mobile home can be reason- For fire protection listed products of the combus- ably assured that the unit complies with the regula- tion detector type or detectors of the single station tions of the Ontario Building Code if it bears the alarm type,audible within bedrooms,must be CSA label. installed at the ceiling between the sleeping areas The label is a confirmation that the unit has been and the remainder of the dwelling unit. Inspected at the factory for compliance with the CSA General requirements of the Ontario Building standard.This inspection does not cover lranspor- Code pertaining to exits,foundations and insulation tation to the site,nor placement on a foundation. apply to both mobile homes and on-site constructed Placement of the mobile home on a permanent dwellings and both types of units must be designed foundation and connection to utilities would be most and constructed to meet the above requirements. logically handled by the dealer. • Ministry oY Communications Branch Relations of Consumer 3 commercial Consumer and reef■tYona afh Floor VP Commercial Relations 555 Yonpe St. Ontario Toronto. Ont MTh 2l'4 Telephone: 14161 965-1239 • a•i.j —- - 1 _ir'.!,-'!_:-.- r 7,•,]1 de r • ; 111` Mfr. ."14.7./r4111 .. , f0 Ijj Ks.11.1ll1 ` 1 "! l': magnorm-,,——"--..,..—,-..-'—.,-.'_�' `.' '°''" __,..,,,,..,„„,„,..„......--.9.......-4,-- • o r . FP. w ,,,14.4-,.*-, r:�~ , d1'�' 0Y •141440'''-'4 ..tq '•, r a,=,tr .'a ms• 'w r .. 44.,,,l► `" ►„ yr rl Bmad. ."44,;,.;.:. , I j�Y : '�Fisu�efnetatit"s '� + b:r R „ . e• '� tst�t7n +, .a 1J �,.you bLysChe6 'wit. ' ,;44,bil"s` •4,. •14;1.41: �1,�, .!, �..,„.,;, ..;. ,, .: .t11, y,{ ,at t..4% +1;4M�µl •IM. . N...,M—'.4.1•�M- yaV 4.irr ''"•�' ` r$ oma �t�.T.Y'� 3t1c/1ip sJ. lgf . .x:13, _ 4:fo 1 •11111. , '�"�I�'� :r�'� "`. '- I . ... ••••••••. ' . ,s4 '�a'^�r'7'r"M. Iasi.. •'.- .• • • / r.1. it - , ment�firnobfl , 'qi, 1 w r S 4".44414.1.1.11,1 �` Q1R$ r • : • F !:-/,.::4,',.`: y 4l-. l fl�.•� r� T oiiiiti�,.z; s �r••I I —w...-- - - - • y •• .. a �.LKLr. _ • . . r • •1 • t IN A •-• . -- - - • • , • 41, • . .;, _ . ' • . . • . c _ _ .. i ° . Mobile homes: - Assessment & faxes Other purchases of used inobile homes are tax- Mobile Home Assessment able at the current rate on the full purchase price. The tax is payable by the purchaser. Permanent mobile homes are assessed and Free-standing furniture and appliances purchased subject to property tax.For assessment purposes, with new or used mobile homes,are taxed on the permanency is determined by the removal of the total purchase price regardless of the tax treatment running gear,augmented by evidence of a of the home. , foundation,skirting,hookup to services,land- scaping and fencing.Improvements such as porches,extensions and basements are further Property Tail Credit indications of permanence. - For property tax credit purchases,mobile homes Retail Sales Tax are treated in the same manner as other residential property. New"single-wide"and"double-wide"mobile Land Transfer Tax homes as defined in CSA Standard Z240 and pur- chased for residential purposes are subject to retail No land transfer tax is payable where an individual sales tax on only 50 per cent of the dealer's selling price inclusive of delivery charges. mobile home unit is purchased and where land is not included.On the purchase by a resident of New mobile homes not meeting these require- Canada of a mobile home unit together with the land monis are taxed on the total selling price at the rate on which It is situated,land transfer tax would be of seven per cent;the tax payable by the purchaser. payable on the registration of the deed at the rate Charges for the installation of mobile homes are of 0.3 per cent on the value of consideration up to $35,000.00 and 0.6 per cent on the balance. exemptfrom tax. In most cases,purchases of used mobile homes A rate of 20 per cent would apply where the purchaser is not a resident of Canada. are exempt from tax. Used mobile homes already set up for occupancy Land Speculation Tax are exempt from tax when purchased in that - condition whether such homes bear the CSA or not. No land speculation tax is payable on the sale of Used mobile homes not set up for occupancy are a mobile home where the land on which the mobile also exempt from retail sales tax when purchased home is situated is not part of the sale to the provided such homes: purchaser. if land is included in the sale,land (a) bear the CSA Standard Z240; speculation tax could become payable by the seller. (b) were previously sold In Ontario:and However,the regulations for principal residential or principal recreational properties would probably (c) were previously used as residential result in an exemption. properties. I Communications Branch Ministry Ministry o1. rnor` of 77 aroo.sr.Ww. Toronto, Ont Revenue Triephonr (416) De5-2099 Ontario P • i T a • ► e Y • w ,. . . f ,. r 'P s 'ft. r i t V t r. . ..7. 1-c- r '� � 1 ,w. • - •. �( •'A h• �• , • • • . • iv. 1 � . .� • • • • (Witir) • 9°W® ;v r ��* oil'to THE CORPORATION OF THE OF go ka 40,0 to V1 eec BY-LAW NO. BEING A BY-LAW TO ESTABLISH, MAINTAIN, LICENCE AND OPERATE A MUNICIPAL MOBILE HOME TRAILER PARR. + WHEREAS SECTION 210 (1) (96) OF THE MUNICIPAL ACT, BEING CHAPTER 302 OF THE REVISED STATUTES OF ONTARIO, 1980 PROVIDES THAT BY-LAWS MAY BE PASSED BY COUNCILS OF LOCAL MUNICIPALITIES FOR ACQUIRING, ESTABLISHING, MAINTAINING AND OPERATING TRAILER CAMPS AND FOR ACQUIRING LAND FOR SUCH PURPOSES AND FOR INSTALL SUCH SERVICES FOR THE USE OF THE OCCUPANTS OF THE TRAILER CAMP; AS THE COUNCIL CONSIDERS EXPEDIENT AND FOR FIXING THE FEES TO BE PAID BY THE OCCUPANTS OF THE TRAILER CAMPS. AND WHEREAS IT IS DEEMED EXPEDIENT AND DESIRABLE TO MAKE PROVISION FOR nig ESTABLISHMENT, MAINTENANCE AND OPERATIC) OF A MUNICIPAL TRAILER CAMP IN THE OF • NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE OF , ENACTS AS FOLLOWS: 1. "MOBILE HOME" MEANS ANY DWELLING THAT IS DESIGNED TO BE MADE MOBILE, AND CONSTRUCTED OR MANUFACTURED TO PROVIDE A PERMANENT RESIDENCE FOR ONE OR MORE PERSONS, BUT DOES NOT INCLUDE A TRAVEL TRAILER OR TENT TRAILER OTHERWISE DESIGNED 2. "PARCEL OF LAND" MEANS A LOT OR BLOCK WITHIN A REGISTERED PLAN OF SUBDIVISION OR ANY LAND THAT MAY BE LEGALLY CONVEYED. 3. "INSPECTOR" SHALL MEAN THE LOCAL BUILDING INSPECTOR DULY APPOINTED BY THE CORPORATION. 4. "MEDICAL OFFICER OF HEALTH" , SHALL MEAN THE MEDICAL OFFICER OF HEALTH FOR THE AND DISTRICT HEALTH UNIT. I z • - 2 - 5. ALL APPLICATIONS FOR THE LEASE OF A TRAILER LOT IN THE MUNICIPALITY SHALL BE MADE TO THE CLERK OF THE MUNICIPALITY IN THE PRESCRIBED FORM ANNEXED HERETO AND FORMING PART OF THIS BY-LAW AND REFERRED TO AS EXHIBIT A . 6. APPLICATIONS APPROVED BY COUNCIL AUTHORIZING THE LEASE OF A TRAILER LOT SHALL BE PREPARED BY THE CLERK OF THE MUNICIPALITY IN THE PRESCRIBED FORM ANNEXED HERETO AND FORMING PART OF THIS BY-LAW AND REFERRED TO AS EXHIBIT "B' . 7. THE MOBILE TRAILER CAMP SHALL BE LOCATED IN THE MUNICIPALITY IN AN AREA DULY AUTHORIZED BY THE LOCAL PLANNING AUTHORITY OR IN ACCORDANCE WITH THE PROVISIONS OF THE OFFICIAL PLAN AND RESTRICTED AREA ZONING BY-LAW: IF SUCH A BY-LAW IS IN FORCE IN THE MUNICIPALITY. H. THE MUNICIPALITY SHALL BE LIABLE AND RESPONSIBLE TO COMPLY WITH THE FOLLOWING REGULATIONS: (A) THE MOBILE TRAILER CAMP SHALL BE LOCATED IN A WELL- DRAINED SITE PROPERLY GRADED TO ENSURE RAPID DRAINAGE AND FREE FROM STAGNANT POOLS OF MATER, AND: (B) CONTAIN AT LEAST 10 LOTS HAVING A MINIMUM AREA OF 5,000 SQUARE FEET WITH A WIDTH OF AT LEAST 50 FEET AND BE SUPPORTED BY A REFERENCE PLAN OR DULY REGISTERED PLAN OF SUBDIVISION PURSUANT TO THE PROVISIONS OF THE PLANNING ACT, AND: (C) THE INDIVIDUAL TRAILERS SHALL BE LOCATED ONE TO A LOT SO THAT THERE SHALL BE AT LEAST 25 FEET CLEARANCE BETWEEN EACH TRAILER AND SUCH SPACE TO BE CLEAR AT ALL TIMES FROM ANY OBSTRUCTIONS, AND: (D) AN ELECTRICAL OUTLET SUPPLYING AT LEAST 220 VOLTS SHALL BE PROVIDED FOR EACH MOBILE HOME LOT, AND: (E) EACH BOUNDARY OF THE MOBILE TRAILER CAMP MUST BE AT LEAST 200 FEET FROM ANY PERMANENT RESIDENTIAL BUILDING LOCATED OUTSIDE THE MOBILE TRAILER CAMP, AND: (F) WASTE FROM SHOWERS, BATHTUBS, TOILETS, SLOP SINKS AND LAUNDRIES ,,SHALL BE DISCHARGED EITHER INTO THE MUNICIPAI. SEWER•SYSTEM OR INTO A SYSTEM APPROVED BY THE COUNCIL AND THE DISTRICT HEALTH UNIT, AND; (G) PROVIDE ADEQUATE MAINTENANCE OF INTERNAL ROADS, SERVICING SYSTEMS, SNOW CLEARANCE, GARBAGE COLLECTION AND GENERAL LANDSCAPING, AND1 (H) THE TRAILERS TO BE LOCATED NOT LESS THAN 10 FEET FROM ANY PROPERTY LINE BOUNDING THE MOBILE TRAIL: CAMP AND '2 0 FEET FROM ANY B'MREET OR ROAD ALLOW- ANCE. NO LEASEE OR OWNER OF A LOT IN THE MOBILE TRAILER CAMP. SHALL CONSTRUCT, ALTER, OR PLACE OR PERMIT TO CONSTRUCT, ALTER OR PLACE ANY ALTERATIONS, ADDITIONS TO ANY MOBILE HOME OR WITHIN ANY MOBILE TRAILER CAMP WITHOUT- r!RST OBTAINING A BUILDING PERMIT. 10. THE BUILDING INSPECTOR SHALL HAVE THE AUTHORITY TO ENTER THE MOBILE TRAILER CAMP AT ANY TIME FOR THE PURPOSE OF ADMINISTERING OR ENFORCING THE PROVISIONS OF THIS OR ANY OTHER MUNICIPAL BY-LAWS. 11. ANY PERSON WHO CONTRAVENES ANY OF THE PROVISIONS OF THIS BY-LAW SHALL BE LIABLE ON ,SUMMARY CONVICTION TO A FINE NOT EXCEEDING ONE THOUSAND ($1,000.00) EXCLUSIVE OF COST FOR EACH OFFENSE. 12. THIS BY-LAW SHALL COME INTO FORCE AND TAKE EFFECT UPON THE FINAL PASSING THEREOF, READ A FIRST AND SECOND TIME AND PASSED THIS DAY OF 19 . hEEVE CLERK READ A THIRD TIME AND FINALLY PASSED THIS DAY OF 19 �--- REEVE . CLERK -+•v a nn♦ ur by-LAW NO. CORPORATION-OF -THE-TOWNSRTP' DATE NAME OF APPLICANT STREET ADDRESS CITY, TOWN, TOWNSHIP I HEREBY MAKE APPLICATION TO THE CORPORATION OF THE 1TOWNSHIP OFTO LEASE OR PURCHASE LOT NO. PLAN NO. , BEING (A MUNICIPAL TRAILER PARK) SITUATED WITHIN THE MUNICIPALITY, IN THE DISTRICT OF TO ACCOMMO- DATE A MOBILE HOME TRAILER WITH THE FOLLOWING SPECIFICATIONS: LENGTH YEAR WIDTH MAKE - HEIGHT MODEL THIS APPLICATION BY COUNCIL AT THEIR REGULAR MEETING HELD�ONvTHE�r fi� ecte []AY OF 1976. SUBJECT TO THE FOLLOWING CONDITIONS: 1. THAT THE MOBILE HOME TRAILER BE PLACED ON THE DESIGNATED LOT AS FOLLOWS: FRONT YARD MINIMUM _ SIDE YARD MINIMUM REAR YARD MINIMUM OR AS PRESCRIBED BY THE RESTRICTED AREA ZONING BY-LAW, IN FORCE IN THE MUNICIPALITY; AND 2. THE LEASEE OR OWNER PROVIDE AT HIS EXPENSE A SUITABLE FOUNDA- TION TO ACCOMMODATE THE TRAILER, AS APPROVED BY THE BUILDING INSPECTOR; AND 3, THE LEASEE OR OWNER ASSUME THE COST OF CONNECTING UP THE TRAILER TO THE EXISTING MUNICIPAL SEWERAGE AND WATER SYSTEM TO THE SATISFACTION OF THE INSPECTOR OF THE & ' DISTRICT HEALTH UNIT; AND 4 . PROVIDING THE MONTHLY RENTAL ESTABLISHED OR ANY OTHER ASSESS- MENTS, RATES OR MUNICIPAL CHARGES IMPOSED ARE PAID REGULARLY IN ACCORDANCE WITH THE POLICIES ESTABLISHED BY THE MUNICIPAL AUTHORITIES FROM TIME TO TIME; AND S. THE TRAILER SHALL BE COMPLETELY SKIRTED TO THE GROUND AND THE SKIRTING PAINTED TO THE SATISFACTION OF THE BUILDING INSPECTO AND 6. ALL MUNICIPAL BY-LAWS IN FORCE IN THE MUNICIPALITY ARE STRICT LY ADHERED THERETO. DATED AT THE OF THIS DAY OF 19 CLERK, TOWNSHIP OF TRAILER LOT NO. COMMENCEMENT. DATE • EXPIRY_.DATE ASSESSED VALUE THIS INDENTURE MADE IN DUPLICATE THIS DAY OF , 19 IN PURSUANCE OF THE SHORT FORM OF LEASES ACT BETWEEN THE CORPORATION OF THE TOWNSHIP OF hereinafter called the LESSOR, of the FIRST PART and hereinafter called the LESSEE, of the SECOND PART WITNESSETH THAT IN CONSIDERATION OF THE RENTS, COVENANTS AND AGREEMENTS HEREINAFTER RESERVED ON THE PART OF THE LESSEE, HI" HEIRS, SUCCESSORS, EXECUTORS, ADMINISTRATORS AND ASSIGNS, TO BE PAID, OBSERVED AND PERFORMED, THE LESSOR HATH DEMISED AND LEASED AND BY THESE PRESENTS DOTH DEMISE UNTO THE LESSEE, HIS HEIRS, SUCCESSORS, EXECUTORS , ADM•SINISTRATORS AND ASSIGNS, FOR USE AS A SITE FOR THE LOCATION OF THE LESSEE'S TRAILER AND THD OCCUPATION THEREOF FOR RESIDENTIAL USE AND FOR NO OTHER PURPO- ALL THAT CERTAIN PARCEL AND TRACT OF LAND SITUATE, LYING AND BEING IN THE TOWNSHIP OF , AND BEING COMPOSED OF L+ PLAN M • FaR THE DISTRICT OF COCHRANE DESIGNATD As TRAILER LOT NO. TO HAVE AND TO HOLD THE SAID DEMISED SITE FOR AND DURING THE TERM OF YEARS TO BE COMPUTED FROM THE DAY OF A.D. 19 AND FROM THENCEFORTH NEXT ENSUING AND FULLY TO BE COMPLETE AND ENDED. YIELDING AND PAYING THEREFORE YEARLY AND EVERY YEAR DURING TH SAID TERM UNTO THE LESSOR OR ITS ASSIGNS THE SUM (S ;) OF LAWFUL MONEY OF CANADA TO BE PAYABLE ON THE FOLLOWING DAYS AND TIMES, THAT IS TO SAY, QUARTERLY IN ADVANCE COMMENCING THE DAY OF 19 AND ON THE FIRST DAY OF EACH QUARTER THEREAFTER, SUCH QUARTERLY PAYMENT BEING $ , TOGETHER WITH TAXES AS HEREUN SET OUT, THE FIRST OF SUCH PAYMENTS TO BECOME DUE AND BE MADE THE DAY OF 19 THE LESSEE COVENANTS WITH THE LESSOR TO PAY RENT, AND TO PAY TAXES AS HEREIN SET OUT AND WILL NOT ASSIGN OR SUBLET WITHOUT LEAVE, SUCH LEAVE NOT TO BE ARBITRARILY OR UNREASONABLY WITHH WITH RESPECT TO SCHOOL TAXES, THE LESSEE SHALL PAY TO THE LES AN AMOUNT ESTIMATED BY THE LESSOR TO BE SUFFICIENT TO PAY THE SCHOOL TAX AS LEVIED ON THE ASSESSMENT OF THE TRAILER AND OTH STRUCTURES (NOT INCLUDING THE ASSESSMENT OF THE LAND) ON OR BEFORE AUGUST 31ST OF EACH YEAR. FURTHERMORE THE LESSEE SHAL PAY TO THE LESSOR ON DEMAND THE AMOUNT, IF ANY, BY WHICH THE ACTUAL TAX AFORESAID EXCEEDS SUCH ESTIMATED AMOUNT. IT IS UN STOOD THAT THE TAXES AS ESTIMATED AND PAYABLE SHALL BE ADJUST IN ACCORDANCE. WITH THE OCCUPANCY OF THE PREMISES BY THE LESSE ALL SUCH ADJUSTMENTS ARE TO BE COMPUTED TO THE END OF THE MON IN WHICH THE OCCUPANCY IS TERMINATED. .....a As sass, H1 K BY GRANTED SHALL BE AT ANY TIME SEIZED OR TAKEN IN .EXECUTION OR ATTACHMENT, .BY.ANY CREDITOR 0 THE—LESSEE: ' OR" IF THE—LESSEE SHALL' MAKE—AN ASSIGNMENT-FOR—TN BENEFIT OF CREDITORS, OR BECOMING BANKRUPT OR INSOLVENT SHALL TAKE THE BENEFIT OF ANY ACT THAT- MAY BE IN FORCE FOR BANKRUPT OR INSOLVENT PERSONS, THE THEN CURRENT RENT, TOGETHER WITH TN RENT FOR THREE MONTHS THEREAFTER, SHALL IMMEDIATELY BECOME D AND PAYABLE, ALL SUBJECT TO THE PROVISIONS OF THE LANDLORD AN TENANT ACT, AS AMENDED. THE LESSOR COVENANTS WITH THE LESSEE FOR QUIET ENJOYMENT. PROVIDED THAT THE LESSEE SHALL NOT ALLOW ANY ASHES, REFUSE, GARBAGE OR OTHER LOOSE OR OBJECTIONABLE MATERIAL TO ACCUMULAT ON THE LOT HEREIN DEMISED, PROVIDED THAT THE LESSEE SHALL KEEP THE GROUNDS IN GOOD CONDI? PROVIDED THAI' THE LESSEE WILL PAY ALL WATER, SEWAGE AND ELECTI CHARGES. THE LESSEE COVENANTS AND AGREES THAT HE WILL COMPLY WITH ALL I LAWS AND REGULATIONS AND THAT HE WILL CONSTRUCT AT HIS OWN EXPENSE A TRAILER PAD SUITABLE FOR THE ACCOMMODATION OF HIS TRAILER, THE LOCATION OF WHICH SHALL BE INDICATED IN A PLOT Pl FILED WITH AND APPROVED BY THE BUILDING INSPECTOR AND THAT HE WILL INSTALL AT HIS OWN EXPENSE AND UNDER THE SUPERVISION OF I BUILDINt3 INSPECTOR, THE WATER AND SEWAGE CONNECTIONS, AND THAI HE IS RESPONSIBLE FOR THE INSTALLATION OF THE ELECTRIC SERVICE THE LESSEE COVENANTS AND AGREES THAT UPON THE TERMINATION OF T LEASE OR UPON VACATING OR ABANDONING THE DEMISED SITE, HE WILL LEAVE UNDISTURBED THE PAD, WATER, SEWAGE AND ELECTRIC INSTALL/ TIONS, AND IT IS UNDERSTOOD THAT NO CLAIM FOR COMPENSATION WIT BE MADE AGAINST THE LESSOR FOR THE COST OF ANY PART THEREOF. PROVIDED THAT THE LESSEE REMAINS IN OCCUPATION OF THE DEMISED PREMISES AFTER THE EXPIRATION OF THE TERM HEREBY GRANTED WITHC A WRITTEN AGREEMENT TO THE CONTRARY, HE SHALL NOT BE DEEMED TC A TENANT FROM YEAR TO YEAR, BUT SHALL BE A MONTHLY TENANT AT A RENTAL EQUIVALENT TO THE MONTHLY PAYMENT OF RENT HEREIN PROVIE FOR, PAYABLE 'IN ADVANCE, AND ALL THE TERMS AND CONDITIONS HERE AS FAR AS APPLICABLE, SHALL APPLY TO SUCH MONTHLY TENANCY. THE LESSEE AGREES THAT THE FOLLOWING REGULATIONS SHALL BE PARTE OF THE LEASE. 1. NO MORE THAN ONE TRAILER MAY BE LOCATED ON ANY LOT. 2. NO BUILDING OR STRUCTURE OF ANY NATURE SHALL BE ERECTED ON ANY SITE EXCEPT: (A) A UTILITY SHED, OR IN LIEU OF SUCH A ONE CAR GARAGE OF THE SAME DIMENSIONS, MAY BE ERECTED AT THE REAR OF THE TRAILER AND SHALL NOT EXCEED ONE STOREY IN HEIGHT, THE MAXIMUM OF 14 FEET IN WIDTH AND THE MAXIMUM OF 20 FEET IN LENGTH, THE FRONT OF THE UTILITY SHED ORGARAGE SHALL NOT EXTEND BEYOND THE REAR OF OR BE LOCATED LESS THAN TEN FEET FROM THE TRAILER AND/OR ANY PORCH OR ATTACHMENT THERETO. THE UTILITY SHED OR GARAGE SHALL BE LOCATED NO CLOSER THAN FOUR FEET FROM ANY SIDE OR REAR LOT LINE. (B) AN ADDITION OR PORCH, NOT EXCEEDING THE HEIGHT OR FLOOR AREA OF THE TRAILER, MAY BE BUILT ON TO THE TRAILER PROVIDED IT DOES NOT EXTEND BEYOND THE FRONT OR REAR OF THE TRAILER ANI! IT SHALL CONFORM WITH EXISTING ZONING AND BUILDING BY—LAWS. THE TRAILER ITSELF SHALL FORM ONE OF THE WALLS OF SUCH ADDITION AND THE ADDITION SHALL CONTAIN A FRONT - EXIT •DOOR AND ALSO A REAR EXIT DOOR IF THE TRAILER CONTAINS ONLY ONE DOOR OR IF ALL TRAILER DOORS ARE COVERED BY THE ADDITION . THE DOORWAYS IN THE ADD— ITION SHALL BE KEPT CLEAR OF OBSTRUCTION AT ALL TIMES. THE ADDITION SHALL BE PAINTED IN THE -SAME COLOUR SCHEME AS THE `PAAILNE. I . (C) IF ANY. HEATING.APPLIAI+ICE.OTHER..THAN..TIiE.ORIGINAL. TRAILER FURNACE IS TO BE INSTALLED THE WRITTEN APPROVAL OF THE FIRE CHIEF SHALL BE OBTAINED- PRIOR-- I BTAINED` PRIOR"I TO ANY SUCH INSTALLATION. (D) A BUILDING PERMIT SHALL BE OBTAINED FROM THE BUILDING INSPECTOR BEFORE ANY CONSTRUCTION IS COMMENCED. (E) ALL TRAILERS SHALL BE COMPLETELY SKIRTED TO THE GROUND AND THE SKIRTING PAINTED. 3. THE LESSOR MAKES NO WARRANTY, EXPRESS OR IMPLIED, REGARDINe THE CONDITION OF THE SAID LAND OR THE SERVICES TO BE PRO— VIDED THEREON AND, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MAKES NO WARRANTY AS TO THE PROVISION OF OR CONTINUITY OF THE PROVISION OF WATER, ELECTRIC POWER, SEWAGE, ROADS OR OTHER MAINTENANCE SERVICES. 4. SHOULD THE SAID LAND BE SITUAI"ED SUCH THAT A CULVERT IS REQUIRED IN ORDER TO GAIN ACCESS UNTO IT THEN THE LESSOR WILL PROVIDE THE NECESSARY CULVERT, SUCH TO BE AT THE LESSOR'S DISCRETION, AND COVER OVER SAME. A SPECIAL FEE OF DOLLARS SHALL BE PAID BY THE LESSEE TO THE LESSOR PRIOR TO THE INSTALLATION OF THE SAID CULVERT. 5. THE LESSEE MAY TERMINATE THIS LEASE AGREEMENT BY GIVING TO THE LESSOR BE REGISTERED MAIL, THIRTY (30) DAYS WRITTEN NOTICE. • • 6. ANY REFUND MADE OF UNEARNED RENTALS OR OTHER FEES APPLICAB TO THIS LEASE SHALL ONLY BE FOR PREPAYMENT OF SUCH REPRE— SENTING ANY FULL CALENDAR MONTH DURING WHICH THE LEASE WAS NOT IN EFFECT FOR ANY PORTION OF THAT MONTH. 7. UPON THE TERMINATION OF THE LEASE THE LESSEE SHALL REMOVE HIS TRAILER AND ANY VEHICLE FROM THE SAID LAND IMMEDIATELY; AND WITHIN SEVEN DAYS HE SHALL REMOVE ANY PORCH, TRAILER ADDITION, UTILITY SHED, GARAGE OR OTHER PERSONAL PROPERTY AND, IT NOT SO REMOVED, THEY SHALL BELONG TO AND BECOME THE PROPERTY OF THE LESSOR. . IN WITNESS WHEREOF THE LESSOR HAS HERETO AFFIXED HIS SEAL UNDE , THE HAND OF ITS PROPER OFFICERS, AND THE LESSEE HAS HEREUNTO SET HIS HAND AND SEAL. SIGNED, SEALED AND DELIVERED AT THIS DAY OF , 19 . THE CORPORATION OF THE TOWNSHIP OF REEVE CLERK—TREASURER WITNESS L S LESSEE APPROVED BOARD RESOLUTION NO. DATED • 1 I , ■ 1 ■■M __/�- 4 LIT - . ___ ■■■ • 3. - • :_ 1 , d''',,,,,-25.7-e4, T ,;,..e ...4e.e-ic":6 ■■■ a 1 `IN I I 1 • ZZ _ _ ------- 1 i()) ----1-1----1-- re , .1.r - -10 A V / af' I1 ,,,e/IVAei 46e--1,,ec cer .0 X ....4.____t_____L___.4,_____ _i :1-1-"----4-ti.1.7 ; I' I ; Lf:tH' i 1 f '---�- ,(,2Z7'6C g 1 l' 1 i 0 1 �t - k 6 - ._ i1 ._____, 1 ___i__ _______,_________,._ ._ ___ . , t - -r _-; . : i 4------- - ?-- 4 ---f- t v - -- - t i I 1 / 11[ 11 I L tr- cc WAsAQ,4 2 � C - n t . .4t. = • � a • c ' Box 110, Wasaga Beach, Ontario, Canada LOL 2P0 August 24, 1995. . • Town of Port Burwell, • Box 10, xe4 Port Burwell Ont NOJ 1TO. ATTN:Donna z► ; r'. mix, ' Dear Madam: ll �' v 'iii RE: Town of Wasaga Beach C le% Business Licencing By-Law 81-6 Tourist&Trailer Parks Further to our recent telephone conversation regarding the above matter, please find enclosed a copy of that part of our Business Licencing By-Law 81-6 dealing with tourist and trailer parks. You will notice that a fee is not charged, and as I advised you by telephone, the regulations for the parks were taken directly from the Simcoe County Health Unit requirements. The By-Law was passed in 1981. If you have any further questions regarding the enclosed, please do not hesitate to contact me. Yours very truly, ...___)\V----\\,,:,\-...,,....- 0.,..----,---- (Mrs) M. Watson, Business Licencing Officer_ Imw ends. Administration: (705) 429-3844 By-Law: 429-2511 Public Works: 429-2540 Fax: 429-6732 Recreation: 429-3321 Fax: 429-8226 Building: 429-3847 Ambulance: 429-4655 Fire Department: 429-5281 I TOWN OF WASAGA BEACH BY-LAW NO. 81- 6 A BY-LAW RESPECTING THE ISSUE OF LICENCES WHEREAS it is deemed expedient to amend and consolidate certain of the Licencing By-Laws of the Town of Wasaga Beach and to require certain additional licences not heretofore provided for: AND WHEREAS the Council of the Corporation of the Town of Wasaga Beach has, pursuant to The Municipal Act , R.S.O. 1970, c.2$4 as amended and other Acts of the Legislature, authority to enact this By-Law; NOW THEREFORE the Council of the Corporation of the Town of Wasaga Beach enacts as fcllows: TITLE 1, This By-Law may be cited as the Consolidated Licence By-Law of the Town of Wasaga Beach. DEFINITIONS 2. For the purpose of this By-Law: (a) "Applicant" means the person applying for a licence pursuant to this By-Law; (b) "By-Law Officer" means the person or persons, appoin- ted by by-law as the By-Law Officer by Council of the Corporation of the Town of Wasaga Beach, (c) "By-Law Officer" means the person or persons, appoin- ted by by-law as the By-Law Officer or Municipal Law Enforcement Officer by Council of the Corporation of the Town of Wasaga Beach; (d) "Clerk" means the Clerk of the Town of Wasaga Beach; (e) "Corporation" means the Corporation of the Town of Wasaga Beach, unless the context implies otherwise; (f) "Fire Chief" means the Chief of the Fire Department of the Corporation of the Town of Wasaga Beach; (g) "Medical Officer of Health" means the Director of the Simcoe County Health Unit; (h) "Month" means a calendar month, (i) (i) "Operates" means carries on, engages in , conducts; maintains or keeps , and "operating" has a correspon- ding meaning; CERTWEIr.D TO SE AT iL'EANO ti'ALI DOPY OF - W 1,67/4 P,,,CJED T;IL/a [I, O D3 .fy , tqc. el _,0•4111rr► . . .2 +/ Page 2 CONSOLIDATED LICENCE BY-LAW (ii) "Operator" means a person who directly or indirectly carries on , engages in, conducts, maintains or keeps a business, trade , occupa- tion, calling, object , amusement vehicle, thing, place or premises , either himself or through an agent or employee; (j) "Person" includes an individual , a partnership, a corporation, or any group of individuals, par- tnerships or corporations comprising a society or other organization , and shall also include the plural wherever the context so requires, and wherever the word "him" is used, it shall mean and include the feminine or neuter gender where- ever the context so requires; (k) "Public. Health Inspector" means one of the Public Health Inspectors of the County of Simcoe; (1) •'Treasurer" means the Treasurer of the Corporation of the Town of Wasaga Beach; (m) "Undertaking" means a business , trade, occupation , calling, object , amusement , vehicle, thing, place or premises as mentioned from time to time in Sche- dule "A" hereto. LICENCE REQUIRED 3. Every person who operates an undertaking set forth in any part of Schedule "A" annexed hereto and forming part of this By-Law, shall take out a licence from the Corporation authorizing him so to do, for which said licence the person obtaining the same shall pay to the Corporation the licence fee fixed by this By-Law set forth in Schedule "B" annexed hereto and forming a part of this By-Law, and no person shall within the limits of the Cor- poration, operate the said undertaking until he has obtained such a licence so to do. APPLICATIONS 4. Upon application for a licence respecting an undertaking men- tioned in Schedule "A" of this By-Law, the applicant shall comp- lete the prescribed forms and shall furnish to the Council such information as the Council may direct to be furnished. INVESTIGATIONS 5. The By-Law Officer shall, upon receipt of the said application for a licence, make or cause to be made, all the investigations which he deems necessary or which by law or direction of the Council are required relative to the application, and shall Page 3 CONSOLIDATED LICENCE BY--LM communicate the findings from such investigation to the Council . ISSUE OF LICENCE 6. If the said investigations so made do not disclose any reason to believe that the applicant 's character may not be good, or that the operating of the said undertaking may result in a breach of the law, or may be in any way adverse to the public interest , the By-Law Officer or any person designated by the Council may, in the absence of any instructions from the Council to the con- trary, issue the licence. 7. (a) If the investigations so made disclose any reason to believe that the applicant 's character may not be good, or that the operating of the said undertaking may result in a breach of the law, or may be in any way adverse to the public interest, the By-Law Officer shall forthwith refer the said application to Council ; (b) The Council shall consider at a public hearing all ap- plications referred to it by the By-Law Officer and, in exercising the discretion conferred on it by law. the Council shall take into account the character of the applicant, the question of whether the operating of the said undertaking result in a breach of the law, or may be in any way adverse to the public interest, and any other matter which it is authorized by law to consider upon such application, and the Council may grant the licence applied for or may refuse to grant such licence, or if the applicant signifies that he is prepared to accept conditions upon his licence and to make no objec- tion to such conditions, may grant a licence to the ap- plicant upon such conditions as the Council considers appropriate and as are authorized by law. SIGNATURE ON LICENCE S. The By-Law Officer, or such other person as may from time to time be designated by the Council , shall sign each licence issued pursuant to this By-Law, and such licence shall be in such form as the Council may from time to time direct . POSTING UP 9. (a) Every person obtaining a licence under this By-Law, where the same applies to an undertaking operated in a place or premises shall keep his licence posted up in some conspicuous location on the said place or prem- ises, and every person so licenced shall, when so re- quested by any person authorized by the Council or by . . .4 Page 4 CONSOLIDATED LICENCE BY-LAW this By-Law, produce the licence for inspection; (b) Every person obtaining a licence under this By-Law, where the same applies to the operating of such person, shall carry his licence with him when engaged in the undertaking for which the licence is issued, and every person so licenced shall, when so requested by any person authorized by the Council or by this By-Law, produce the licence for inspection. INSPECTIONS 10. Any person duly authorized by the Council or by this By-Law may at all reasonable times inspect any undertaking in respect of which any person has or is required to haye a licence under this By-Law, and any such person so authorized may inspect any goods, articles, books, records and other documents of or re- lating to any such undertaking, and no person who has or is re- quired to have a licence under this By-Law shall obstruct or hinder the making of the inspection aforesaid, or cause or per- mit the same to be obstructed or hindered, PARTNERSHIPS, ETC, 11 . Where two or more persons operate in a partnership, society or organization, any of the undertakings mentioned from time to time in Schedule "A" hereto the licence may be issued in the name of one partner only, but when the application for the lic- ence is made, the name and address of each member of the partner- ship shall be set out therein. LICENCES PERSONAL 12. (a) No person shall enjoy a vested right in the continuance of a licence issued under this By-Law; (b) No licence shall be transferred except with the consent in writing of the Council , and the Council shall not be bound to give such consent . REVOCATION 13. (a) The Council may revoke and cancel any licence issued under the By-Law, where such power to revoke and cancel may, pursuant to The Municipal Act or any other Act, be exercised by by-law of a Council of a municipality; and, without limiting the generality of the foregoing, the Council may revoke and cancel any and all licences held by a licensee for any of the reasons set out in Section 7 of this By-Law, and for a violation by the licensee of any of the provisions or this By-Law, including any . . .5 4 711.1.1.11.1111.1111.1111111.1".1111 -. Page 5 CONSOLIDATED LICENCE BY-LAW provision in any of the schedules hereto attached, but before revoking and cancelling any such licence, the holder thereof shall be given at least seven days' notice mailed or delivered to his address last known to the Council or appearing in the application 'for a licence, and shall be permitted, either by him- self or by his representative, to appear before the Council to show cause why he believes such licence should not he revoked and cancelled; lation (b) Upon the revocation and �athellicenseefshalllicence return issued under this By- Law, the licence to the By-Law Officer forthwith, and no person shall refuse to deliver the licence to the By- Law Officer or in any way prevent or hinder the By-Law Officer from receiving or taking the same. NOTICE OF REVOCATION 14. Notice of the revocation and cancellation of any licence may be given by registered letter or otherwise delivered notice, rized signed by the By-Law Officer ®therwiseother clelperson ivered to the oaddress by the Council and mailed or for a last known to the Council or appearing in the application licence, and upon such notice being given , the revoked and can- celled licence shall cease and terminate and be of no further effect. EXPIRY DATE 15. All licences pursuant to this By-Law shall , unless they are expressly issued for a shorter ti�hee aS�stunless ofthey Decemberoofethe revoked and cancelled, expire on year for which they are issued. LICENCE REGISTER 16. The By-Law Officer shall keep a licence register in which shall be recorded the full name and address of each licensee, the ad- dress of the place or premises in which the licensee operates the undertaking for which the licence was issued, and the make, model, year and provincial licence number of each vehicle lic- enced, the number and date of issue of the licence , the amount of the licence fee paid therefor, the date and expiry of the licence, the type of licence issued, and any other particulars to the same which are useful or are or observations pertaining necessary. Page 8 CONSOLIDATED LICENCE BY-LAN DUPLICATE LICENCES 17. In the event that the licence issued under this By-Law is lost or destroyed, the By-Law Officer shall , upon production of satisfactory proof of such loss or destruction, and upon payment of the fee of $2.00, issue a duplicate of the original licence, upon which there shall be stamped or marked the words, "DUPLICATE", and shall make a corresponding entry in the licence register. NUISANCE ABATEMENT 18. (a) Every person licenced under this By-Law, in:-addition to any other requirements expressed elsewhere in this By- Law, shall : (i) At all times keep clean and safe and in good con- dition and repair any object , amusement, vehicle, place or premises used by a licensee in connection with the undertaking for which he is licenced under this By-Law; (ii) Cause, suffer or permit no nuisance to arise in , on, or in connection with the undertaking, for which his licence was issued; (iii) Cause, suffer or permit no shouting, noise or other disturbance on, in, or in connection with the undertaking for which his licence was issued, which is unnecessary, unreasonable, or contrary to any by- law prohibiting the same, and if any such shouting, noise or other disturbance shall occur, he shall at once take steps to cause the same to be abated; (iv) Cause, suffer or permit no obstruction on any highway, lane or public place in front of or adjoin- ing the undertaking for which his licence was issued; (v) Cause, suffer or permit no profane, offensive or abusive language or disorderly conduct in, on , or in connection with any undertaking for which his licence was issued; (vi) Cause, suffer or permit no breach. of any by-law of the Corporation or of any statute, order, condi- tion of the Council, or regulation of the legislature in, upon, or in connection with the undertaking for which his licence was issued; (b) Every person. licenced under this By-Law is'res,ponsible for the due observance and performance of all the pro- visions of this By-Law by himself, and by all other persons in or upon or with whom he enjoys a contractural /t - Page 7CONSOLIDATED LICENCE BY-LAW relationship, in respect of the undertaking for or in relation to which his licence was issued. APPLICATION OF SCHEDULES "A" AND "B" 19. Every person applying for or holding a licence under this By-Law shall in such application or in the operating of the undertaking in respect of which the licence was issued, observe, comply with and be governed by the regulations set out in Sche- dule "A" , which relate to such person or such undertaking, and shall pay the fee set out in Schedule "B" , attached hereto and forming part of this By-Law, which relates to such licence, and which is hereby fixed as the amount of the annual fee for such licence unless specified otherwise. OFFENCES 20. Any person convicted of any breach of this By-Law shall in addition to any cancellation and revocation of licence, if any , forfeit and pay as follows: (a) For every Transient Trader who operates without a licence a penalty equal to the licence fee that he should have paid, and in addition thereto, the sum of not less than $100.00 and not more than $500.00, exclusive of costs. Every Transient Trader who fails to prominently and permanently display in his place of operation his licence, a penalty of not less than $1.00 and not more than $10.00, exclusive of costs; (b) For every Hawker and Peddler and non-resident Photo- grapher who fails to produce licence, a penalty of not less than $1.00 and not more than $5.00, exclu- sive of costs; (c) For a breach of any of the provisions of this By-Law, other than those hereinbefore in this Section referred to, at the discretion of the convicting Judge, a pen- alty not exceeding $1 ,000.00, exclusive of costs. ULTRA VIRES SECTIONS OR PARTS 21. Should any section of this By-Law, including any section or part of Schedule "A" or Schedule "B" , be declared by a Court of competent jurisdiction to be ultra vires or illegal for any other reason, such offending section or part shall be deemed to have been severed from same, and the remaining sections or parts shall continue in full force and effect and shall never- theless remain valid and binding. . . .8 Page 8 CONSOLIDATED LICENCE BY-LAW BY-LAWS REPEALED 22, All By-Laws inconsistent with all valid parts of this By-Law be and they are hereby repealed, but all licences heretobefore issued pursuant to any such by-law shall, during the period for which the same has been issued, remain in full force and effect unless for any other reason , the same are revoked and cancelled ' and provided that such repeals shall not effect any offence com- mitted against any said by-law or any penalty incurred in re- spect thereof, or any investigation , legal proceeding or remedy may be continued or enforced and any such penalty may be imposed as if the said by-law and amendments had not been repealed. EFFECTIVE DATE OF BY-LAW 23. This By-Law shall come into force and take effect from and including the 10th day of February, 1981. Read a first and second time . . . . . . . this a of u, — -• GOOptvlaeI ryJ� Y 100. 4Riost dor lrRead a third time and finally . . I f! passed this /atday of r C--uc rz�c i 9S 1. CL E 111111111111111111111111.11....mil.60 \ ' SC}4EDULE A-31 IST AND TRAILER CAMPS 1. DEFINITIONS: In this Schedule: "Campsite" means an area of land in the tourist (a) designated for ,the use of one and. trailer camp party of tourists or campers; (b) "Operator" means the individual r individuals responsibility who have the resp the tourist and trailer camp and maintenance of lands and facilities; and any parcel (c) "Tourist Camp" includes auto camp • premises equipped with cabins used or of land or public, maintained for the accommodation of the P lic, remises used or and any parcel of land or p for the I twined as a camping or parking ground e is paid or 1' , public, whether or not a fee or charg made for the rental or use thereof ; enation(d) "Tourist and Trailer Camp" means an op con- sistingh of a tourist camp or a trailer camp or oth, operated in one location as one estabichhmenanyt + b on which(e) "Trailer Camp" includes any land or up constructed that it is suitable for being Vehicle, so ur ose of being ., attached to a motor vehicle for the p p is placed, 'I the motor vehicle , drawn or propelled by that or located, keptmaintained, notwithstanding such vehicle is jacked up or that its running gear vehicle unless it � � is removed, but not including any _ accornmo is used for the living, sleeping or eatinga moo- dation of persons therein , but not including i meaning of Section 35c of The ile home within the 197©, c.349, as amended; i vianning ct , R.S.O. means the time from 2359 hours Sunday ($) "Quiet }lours and Sunday , to to Thursday and 0100 hours Saturday shall 0600 hours each day during which hours quiet be maintained. APPLICATIONS: All applications for ame frhisom thort and trailer t 2. LICENCE APDL b the owner or by camp licence shall be made y and shall: Inspector (a) Be made in a form prescribed by the Building for the Town of Wasaga. Bead}; (b) Be signed by the owner or his authorized agent ; , , .61 Ai.- rill11111111.1.11111111.111"...."1.2.."... ,SCFlEI7fJL,E F1-31 Page f l al description of the (c) State the location and leg 1 land proposed to be used for the tourist and trailer camp;(d) site plan of Include copies in triplicate of a the tourist and trailer camp, showing (i) The area and dimensions of the tourist and trailer Camp; sites: (ii) The number, location and size of all camp (iii) The size, location and use of all existing or proposed buildings and structures; design and specifications of all (iv) The location, footways , parking existing or proposed roadways, water sewers, septic tanks and tile beds, facilities, telephone lines, lines, gas lines, drainage culverts, facilities; 1 lines and outdoor lighting electrical supply proposed (v) The location and area of all existing or p p recreational areas; (e) Contain the names and residence addresses leof camp.o ander and the operator of the tourist andLaw or information required by this By_ {f) Contain further Inspector. any other by-law, or by the said Building 3, CIFn EAte; The operation of ay I tourist and trailer camp shall �� � lot be in accordance with the said site P submitted with the appli- cation fi 1. cation for licence. shall tourist and trailer camp The operator of every with the fol- lowing fiEGULy with, : compliance comply with, and the owner shall ensure regulations: sites: Every campsite shall be laid out so that (a) Cau�� aration is provided between tents, an 8-foot sep icles or trailers; (b) Rvadwa s and Entrance: i The entrance or entrances to each tourist and { ( ) i trailer camp shall have on the tourist or - a minimum clear width of 24 feet of 1, camp property of at least 40 feet 1 roadway surface for a distance from the public street or highway : camp (ii) The operator of the tourist suand fficiente access shall be responsible to provide for emergency vehicles to the campsites; trailer p (iii) All roadway surfaces in the tourist 4 re�entavehieles camp shall be constructed so as to recet from becoming mired and shall ted to p travelling dust from being generated by the vehicles on them, or by the wind: . . .62 Page 62 SCHEDULE A-31 (iv) The speed of vehicles within the confines of the tourist and trailer camp shall be limited to a maximum speed of 16 kilometres per hour, and an adequate number of signs shall be posted in- dicating maximum speed. (c) Parking: • (i) In each tourist and trailer camp, parking spaces shall be provided at the rate of one space for each campsite; (ii) In each tourist and trailer camp, visitor parking spaces shall be provided at the minimum rate of one space for every eight campsites ; (iii) Each parking space shall be at least, 10 feet wide and 26 feet long. (d) Services: (i) Washroom facilities for men and women shall be either in separate buildings at least 20 feet apart , or if in the same building, be separated by a solid sound-proof wall; (ii) Washroom buildings shall have privacy partitions at the entrances for the purpose of preventing people who may be standing or passing by outside from seeing into the structure; (iii) Every flush toilet shall be enclosed in a private compartment with a door that can be latched from the inside; (iv) Washroom buildings shall be adequately lighted at all times, and shall be maintained in a clean and sanitary condition and property ventilated; (v) Washbasins, flush toilets and urinals shall be provided in the required numbers, as stipulated in the following table: Table (v)(a) For Males For Females yo. Flush Flush ,ampsites Basins Toilets Urinals Basins Toilets 1 - 10 2 2 0 2 2 2 2 1 2 3 11 - 25 4 26 - 50 3 3 1 3 4 4 1 4 5 51 - 65 6 666' 5- 90 4 5 2 7 l91 120 6 5 ' 2 6 5 3 7 8 121 - 150 7 9 151 190 8 6 3 8 191 - 230 9 6 4 ' 9 10 . . .63 Page 63 SCHEDULE A-3l (vi) Showers and dressing areas shall be situated in private compartments with doors that can be latched from the inside; (vii ) Every tourist and trailer camp shall have a septic tank system, approved by the Simcoe County Health Unit, to service the washroom facilities prescribed in Section 5(d)(i), unless municipal ser- vices are available; (viii) Every tourist and trailer camp shall have as part of its sewage disposal system, facilities into which the contents of trailer holding tanks may be discharged. Each facility for the discharge of waste shall have a pipe or inlet set in the centre of a concrete pad not less than 5 feet by 5 'Vet , the sur- face of which shall be sloped to the centre to ensure that any spillage will flow toward the inlet . A tap and pressure hose shall be provided for the washing down of the facility, which shall also be disinfected at regular intervals; (ix) Every tourist and trailer camp shall have at least one cold water tap from which potable water can be drawn, which is centrally located to every 15 camp- sites; (x) Every tourist and trailer camp shall have a sur- face water drainage system which will prevent flooding of any part of said camp that may result from rainfall or water runoff. (e) Fire Protection: (i) No fires shall be allowed in a tourist and trailer camp other than in fire pits as described below, and no fire with flames in excess of 2 feet in height shall be allowed; (ii) No fire pit shall be more than 3 square feet in area; (iii) Fire ,Extinguishers: one fire extinguisher with a rating of 2A 20 BC shall be provided for every 15 campsites and shall be kept in the operator's office. (f) Garbage and Trash Receptacles: (i ) Every tourist and trailer camp shall have a sturdy receptacle at each campsite pr one or more centrally- located sturdy receptacles of adequate size for groups of campsites to be used for the temporary storage of garbage and trash. These receptacles shall be made of material which cannot be penetrated by rodents and which is not porous, nor absorbent and is capable of being washed and disinfected; . . .64 page 64 SCHEDULE A-31 (ii) The operator shall be responsible for having garbage and trash removed from temporary storage receptacles when such receptacles have become full 1 or at intervals of not less than once erery 48 hours during periods when the maximum daily temperature in the sun exceeds 15 degrees celsius. (g) Cleanliness: The operator shall maintain the grounds, service buildings and facilities in the service buildings in a tidy, clean and sanitary condition. (h) Quiet Hours: The operator shall be responsible for en- forcing quiet hours, and the operator shall post in a conspicuous place in the office of the said camp, a no- tice of such quiet hours, as defined in Section 1(f) of this By-Law, and shall be responsible for the enforce- ment of same. 5. SUPERVISION: Either the owner or operator shall be in attendance at such owner's tourist and trailer camp at all of the times and during which times such camp is open to the public or any member thereof for business. 6. OCCUPANCY REGISTER: (a) The operator shall keep an occupancy register containing a record of information as follows: (i) The name and address of such camper; (ii) The make, licence number and narrle of the Province or State issuing such licence; (iii) The date of arrival and departure of each camper or individual party of campers.; and (iv) The identification number of the campsite or camp- sites occupied by each camper or party of campers. (b) The occupancy register shall be available for inspections at all times by public servants, officers or officials, whose duties necessitate the use of the information con- tained in the register; (c) The occupancy register shall be kept current by the operator, shall be maintained by the operator, and shall not be des- troyed for a period of two years following the date of regis- tration. 7. COMPLIANCE: Every tourist and trailer camp shall conform to the provisions of this By-Law, and all other applicable by-laws of the Town of Wasaga Beach, and all applicable Provincial and Federal Laws. . . .65 SCHEDULE D Ir::---72 SCHEDULE A FEE DESCRIPTION OFLICENCELICENCEREFERENCE Roller 5katin Ainksmand ander • q,ee P aces n ether Like userr -Go-Rounds $ 15.00 Contr Vances A-27 - each roller skating rink 25.00 - each go-cart track 15.00 - each game of skill or chance for prizes - each place of amusement o root limitedattoethecfollowing: 15.00ing but limited - each merry-go-round 15.00 - each carousel 15.00 - each roller coaster ` 15 40 ` - each ferris wheel 15.00 - each shooting gallery 15.04 - each miniature golf course 15.44 - each trampoline centre Second-hand Goads A-28 20.00 - each location A-29 10.00 g ecial Sales 2.00 with Tourist Accommodation A-30 $25.00 max. fee - each unit Tourist and Trailer Com' s A-31 nil A-32 500.00 Transient Traders 1 • II i XI.l.h MUNICIPAL LAW 12206-22121 (2213-22161 REGULATION AND LICENSING X.I.Y.i 2206. 1 XI [hi joumed sine die until the zoning by-law was 2213. I Xl-i-il R. v. Brawalrllt (19591. 126 C.C.C. 355 Regulation and licensing - Regulation of passed and considered by the Municipal R ulition and licensing - Regulation of (Ont.CA.I. businesses Salvage yards-Interpretation Board, businesses - Tourist and trailer camps - a of term - Municipal Act, R.S.O. 1960,. C. By-law prohibiting use of trailers except in 2ns, f Xl.i-il 249. s. 369(11. Accused was convicted of Wilcox v. Pickering (Township). [1968] designated area - Referring to other by- Reguration and licensing - Regulation of unlawfully owning or keeping a salvage yard O.R.739.29 D.L.R d)428(H.C,)- law wherein designated arra described - businesses - Tourist and trailer camps - at a site wtlhin a municipality without having Whether by-laws operd ing as one - Trailer camp - Applicability of local by- obtained from the municipality a licence to do 2209. (Xn.l.b) MunicipalAct, R.S.U. 1960 C. 249. its. taws, regulations. etc. - Municipal Act, • so.The building materials.contained in strut- on of 379( 4011115. By law 18 of appellant RS U 1950 c. 243. es. 301m9la). tures demolished by accused, Were stored at busisinesses ulatitm* Salvage ynd ards 'vliudnici all townstup prohibited persons"from using any 413(12) - f -t i Establishments Act, the site and were tfrere offered to the public Act, R.S.O. 1927, c. 233, s. 399(25). trailer . . for more than sixty days in any RSO, 1950, c. 393. S. 413(121 of the for sale-On appeal.held,the a peal should be Whether junk shop a"secondhand"shop, period of ten consecutive months.except in a Municipal Act should be read with the dismissed-The fact that in such a yard further trailer camp licensed by the Treasurer . Tourist Establishments Act, and salvaging operations were performed beyond Toronto (City) v. Mandelbaum. (19321 pursuant to By-law No. 39.'• By-law 39 municipalities have the powers conferred 1 ii those performed at the site of the original O.R.552.(19321 3 D.L.R.604(11.C.). provided for the licensing of trailer camps upon them by s.413(121.subject only to the demolition for the purpose of making the and set out a metes and hounds description of necessity for conforming to the provisions of i material more usable or marketable,did not the land where camps could be operated. the Tourist Establishments Act arid the bring the yard outside the by-law. The fart i. Tourist and trailer camps Respondent was chargedwith violating By regulations passed thereunder in so far as they that some new building material was stored law 18 but the charge was dismissed. may affect tourist tamps or trailer camps that and offered for sale at the silt in addition to 2210. (Xl.I iI Respondent's argument was that he could not are tourist establishments within the meaning the salvage material did not remove the yard Rea-illation and licensing - Regulation of ascertain from the by-law where he could of the latter Act.If any trailer camp or tourist from the operation of the by-law.and it made btusipesses Tourist and trailer tamps park his trailer. An appeal by trial de novo camp licensed by the municipality is in fact a 1 ' ' no difference that the sales of new material Municipal Government Act,R S.A.1980,r, was dismissed but on further appeal.held,the tourist establishment within the meaning of far exceeded those of salvaged material. appeal should be allowed. By-law 1S incur• the lamer Act,the licensee should conform to g M•26 s 224. Town increasing business ted By-law 39 so the ed,ahilnu 1 R. v. Greenspoon Brothers Ltd.. 119651 2 licence fee far mobile park operators where Po Y y operas nth the Inions passed under that Aix.and in • O R. 528. (sub nom. R v, Greenspoon Act precluding increase m fees paid directly separate by-laws.as one by-law and By-law any event he should comply with all other Brokers Ltd.)(1965)d C.C.C.53(C.A.). by mobile home owners Application to 3ti did describe the area in which a trailer provincial and municipal laws.by-laws. and quash law for illegality dismissed-Increase could be parked. Appellant was empowered regulations lawfully applicable thereto. • under s. 385 and s.401115 of the Act 2207. ()Cl.l.h) in fees incidental to regulating business of to prohibit the use of any ironies within the R v. lonapman [1953] O.W.N. 541. 106 Regulation and licensing R lion of mobile borne parks increase not constirut- township except in areas which it chose to C.C.C.59(t-.A.). e$ ing inducts taxation-By-law valid. businesses-Salvage yards- tial plan- designate and in any licensed trailer camps. Nature and effect - Not effective Want- Ealardeau v, Hinton (Tonal (19851. 402216. (XI.i-i) merit restricting land user-Planning Act. Alta.L.R.(2d)311,21 D.L.R.(4th)477.65 R.v.Bois(19701.(1971]I O.R.3.14D.L.R. Regulation and Licensing - Regulation of R.S.O. 1960, c- 296, ss. 10-20. Appellant A.R. 387(C.A.).affirming on other grounds (3d)269(C.A.). businesses - Tourist and trailer camps - was refused a licence for a salvage yard on (1983), 29 Alla. LW (2d) 83, 24 M.P.L.R. Operation of tourist camp without licence the Found that the official plan of the 85,3 D.L.R. (4th)259,50 A.R. 120( .B.). 2214. '70.1.1) -Impossibility of compliance with by-law municipality designated the land in question leave to appeal to S.C.C. refused (1985),40 © radon prior top of by-law - for uses not including that of a salvage yard. Alta.1-R.(2d)Liv tt,21 D.L.R.(41h)477n.65 Regulation and licensing Regalia= of application of by-law municipal Act, 1 ' Held. the official plan was no more than a A.R. 320(note),64 N.R.394(note)(S.C.C.). businesses - Tourist and trailer Camps R .O.1950,c.243,xsa 243(5),413(12)• A statement of intention of what.at the moment. Offences-Occupation of dwirruis.unit oot by-law was passed which,by way of regulat- the municipality planned to do in the future, conforoming to RI* c,�t ing and governing trailer camps,imposed e'er- and. not being an effective instrument 2211. (Xd.I.i) inspector tam conditions and specifications with which restricting land user.could not be considered Regulation and licensing - Regulation of print to prusecuduo. S. it of the they must comply. Among them was one in refusing the licence. businesses - Tourist and trailer camps - relevant by-law provided that no person which required that: "Waste from showers. CIV and Towns Act,RS.Q. 1964, c. 193, should occupy for human habitation a dwell- bath tubs. toilets. slop sinks and laundries - Steven Poiao Ltd, v. Scarborough 4429131). By-law prohibiting use of trailers as ing unit unless it conformed to certain regula- shall be discharged into The Township Sewer t (Metropolitan Licensing Cammhaion). homes and parking of same in residential [ions to the satisfaction of the inspector.5.Ill system". Appellant owned a lot and was • [19611 i7 R.814.29 D.L.R.(2d)620(H.C-). areas-No provision in Act permitting enact- provided that in case of non-conformity the ting a trailer camp thereon. Appellant ment of by-law-By-law declared ultra rices, inspector could notify the owner by registered did not at 5Lny time apply for a licence. It 2208. (XI l.h) letter specifying the alleged defect* would have been useless for her to do so Regulation and licensing - Regulation of Labelle ; St-Laurent (Cite) (1979), 10 whereupon the owner should remedy the because she could not comply with the con- eg M.P L.R..31(C.S. Qlue.). defect within 2 months. Accused was con- businesses - Salvage yards - Exercise of dittoes respecting sewage. Appellant argued • licensing 'sower to restrict user pending victed of unlawfully using a trailer for human that the by-law could have no application to • passing or zionl by-law- Municipal Act, habitation which did not conform to the the trailer campwhich she was operating be- ppaa ng Pd 2211- (X1.1.11 pe • RS.O. 1960,c.249,ise.247,396. Applicant R nation anti licensing_ R dors of regulations to the satisfaction of the inspector. cause it had been established and was being applied for a licence to operate a salvage regguu ' eeggot The charge was laid less than 2 months after a opened by her prior to the passing of the yardtrusln - Tourist and tt✓nlleratemps letter requinngcertain defects so be remedied under a by-law which was passed or the Township 'prohibiting living in trailer - by-law. Held.the by-law shoo be construed regulation of salvage yards. After thea g g had been sent to accused.An l from the as re Latin the manner in which miler ln1 & l> 'Trailerdefined es vehicle c Appellants set- g pliearian had originally been ap� ed a tin mobile homes on concrete and conviction was dismissal.On umber appeal• camps should be operated.that is to soy.their resolution was sed to refuse licence g held, the appeal should be dismissed- Ss. 11 h sical chuaetensucs.and not the place in because a zoning Passed which had had two rohicle bg various usedaservices - Home not and. III created separate offences, and the which they might be located-S.263(5)of the g y vehicle because not used as means of con- writin of a lette r and the eta to of�ape rind readings,would prohibit such use.On an ap veyance - Also. not suitable at date of is of 2 months was not a conditiongretedent to Act had no application to this rasa Actard- shcation for mandamus,held.the 1ication nuance of writ for beim attached to vehicle- P ingiy the by-law applied to appellant's busi- g a chargeunder s.II but was only relevant to a „less notwithstandingthat it was beingcon- should be Framed-The council tau not.by Injunction refused. chargeunder s. Ili. which would be for the exercise of its licensing powers,in reality ducted before the by-law was passed. use them for restricting land use pending the Moore(Townohlp)v.Farr,119781 2 S.C.A. failure to rectify the defect specified. In the 4 passing of a restrictive by-law. in the eir- 504. 81 D.L.R. (3d) 755, 19 N.R. 341. R . L]eClu ()951] O.W.N. 538. 104 cumstances the application should not Ire ad- reversing(1976).11 U"R.(2d)781(C.A.) only.present case, there was a charge under s. 11 C.C.rC. 71 (C-tA.e,1. 380 ,381 XI.1.i MUNICIPAL LAW 12217-22221 12223-2225] REGULATION AND LICENSING XI.2.a.i 2217. (XI.I.i) 222f1. (XI-I j) S.6(2)of the Act did not prohibit the issue of ingg motion in mandamus seeking to have s. RftM anon and licensing - Regulation of rid Inst;- Regulation of a licence where the official plan though not 813 of Charter declared null and void-Mo- bsTnesses - Tourist and trailer camppsa R sole;-Sna [arid gravel excavation - staling that existing legal non-conforming lion dismissed-S.92914 of Constitution Act. Prohibitory937, fee - M, 439( 1 Act, R.5.0. Cad of Civil Procedure,s,453. Owner of uses might be continued contemplated the 1867, giving provinces jurisdiction to enact 1937, c. 266, s. 439, 439(33a) Tourist three gravel pits working one pit at time of continued existence of such uses. laws relating to preventingg crimes Camp R }anon Act,S.O. 1946 c.100,as. passage of by-law prohibiting such pits - Provinces having ri ht to dere ate suds 2, 3. Thal ain 1946, to s d39 of the Owner seeking deceniitled story judgment that O.R.6 3(Township)v. R.(1972),11973) 1 powers-S. 813 of Curter, enacted precisely Municipal Act. in 1946. is not repugnant to wonting one pre entitlhim to exemption OR623,32 D.L.R.(3d)25(CA.).affirming f the licensing section of the Tourist Camp from prohibition on all three pits-Judgment {1973]I Q.R.219(WC.). a purpose of preventing crimes and nor in- Regulation Act. Operator of tourist camps refused -Owner's righr to work pits tieing fringing on powers of federal Parliament un- Regulation well be obliged to obtain municipal as frozen in nature and extent immediately upon der s.91127 of Constitution Act.1867. 2. Regulation of behaviour well as provincial,licences.Therefore there is passage of by-law -•Right limited to use ar Dlfeothlgtie fumEe[i de Inc.c.Montroxal a power in the municipality to pass a by-law time of by-law - One lot only being work- (Ville)(1982),11983]C.S.666(Quit.). under s.439 of the Municipal Act What was able. a Quasi-criminal by-laws given by s. 439 was a power to pass bylaws Dgrdsers c. St•Anaclet-de-Lessard il for the licensing.regulating ogiti t governing of (Municipaliti) (1982). 21 M.P.L.R. 162 i. General 222S. gelation and licensing - Regulationaof tourist camps. it was not a ri i io habit (C.S.ro-6,, Regulation b tourist cam but to regulate andgovern behaviour - Ps. Quasi-criminal by-laws - them Under the guise of a licensing by-law 2223. r XI La,i1 General-Suspension of newspaper licence the municipality cannot impose fees which in 2221. Reeulatian and Ilcensin - Whether legislation Intra vires - Fn y po {Xn or �t g - R Marlon of f andK'hether oast udidal act-Audi aileron effect are confiscatory prohibitive. The Regulation and lkensing - Regulation of behaviour - Quasi-crltninal by-laws - q j - power to license is not a power to destroy;it businesses - Soil and gravel excavation- General - Regulation of obscenity _ ppbossrtem -DamagesVancouver Charter, is a power to govern and regulate. Whether by-law conflicting with Manton.Manton. Toronto oksellers challenging provisions S.B C. 1953,r.55,a. 277,277(c). Plaintiffs regulations-Municipal Act, R.S.O. 1970, of s. 222 of Municipal Act and by-law published a newspaper under licence from :McCormick v.Toronto(Township),(1948) C.2.84.s.354(1)122--Planning Act,R.S.O. enacted thereunder regulating safe of defendant. When the Chief Licence inspector O.W.N.425,119481 3 D.L.R.70(H.C.). 1970,c. 349,s.3511)6-Pits and Quarries "adult"books and magazines-S. 222 not learned that the paper was pornographic and Control Act, S.O. 1971, Vol. 2, c. 96. invading exclusive federal power in rela- was being sold around schools he consulted Appellant municipality ahem ted to regulate lion to criminal law - Constitution Act. with the mayor and suspended plaintiffs' j. Soil and gravel excavation (Quarry Ppe P Y P, g I867(30&31 olct.},c,3-municipal Act, licence under s 277 of the charieer• which licence) the operation of gravel pits within its boon- p daries by a zoningby-law and a by-law under R.S.O. 198Q c. 302,s 222. Booksellers in provided:'The Chief Licence inspector shall s. 354(1)122 of the Municipal Act. Reapon- the Toronto area brought an application chal- have power at an time summarily to suspend 2218. 1 XI.l.j) dent contravened sections of both by-laws, longing s. 222 of the Municipal Act and a any licence ifyrhe holder...(c)has.in the Regulation and licensing - Regulation of An injunction restraining respondent was by-law enacted pursuant to thereto. The by- opinion of the Inspector.been guilty of such businesses - Soil and gravel excavation - refused.On appeal,held,an injunction should law purported to regulate the sale of books misconduct in or with respect aro the licensed Jurisdiction and powers - General - Ap- be granted. The zoning by-law could not and magazines appealing to erotic or sexual premises as to warrant the suspension . . plication for pit licence. The Minister of re iate respondem's o ration since s. inclinations.The Divisional Court held that s. She section gave a right of appeal to the city ors`• Natural Resources referred sn application for 351I}6 of the Planning Act authonzed by- 222 was ultra vires as dealing with criminal Ancil.No notice was given to plaintiffs un- a pit licence to the Ontario Municipal Bored. taws regulating only those pits established law. On appeal by Metropolitan Toronto, til after the suspension. Plaintiffs,on learning Held.the Board recommended that the Minis- after the by-law was passed. However. the held. s 222 and the by-law should not be of the suspension.sued for damages and other to issue the requested licence. Applicant had Municipal Act authorized appellant to re u- declared ultra vires for invading the exclusive relief. Held. the suspension was invalidated a good record and no one objected to the late any pit whenever established.Such a by- federal power in relation to criminal law.The because of failure to give notice and a hear- actual extraction of gravel from the site.'Thee law was valid to the extent that it did not presence of a moral element in the purpose of ing.but damages should not be awarded.Al- major issue was the selection and main- conflict with regulations made under the Pits provincial legislation does not of itself render trough exercise of the powers under a 277(c) tenande of the haul route.The Board recorn- and Quarries Control Act. Any inconsistent the legislation invalid as an improper exercise could result in closing down a newspaper.s• mended that the Minister make proper main- provisions of the by-Law could be severed. of criminal law jurisdiction.The pith and sub- 277(c)was not ultra sires of the province as tennince of a preferred haul route a condition Uxbil stance of the by-law was the regulation of a being in respect of freedom of the press be- of issuing the licence. (ravel L p v- Timber Scythed) permined business, namely the retail sale of cause in pith and substance it was regulation Sand Gravel Lld. (1975). 7 O.R. (2d) adult" books and magazines, so as ro limit by the city of its licensees to prevent gross Asphodel (Township)Pit Licence Applica. 484, 55 D.L.R. {{3d) 516 (CA.). reversing the exposure of children to certain blica- misconduct and related to propertyand civil tion,Re(1989).23 O.M.B.R.304. [1973I 3 O.R. 107,36 D.L.R.(3d)42(14 C.). tions and thereby protect their welfare rights within the province,nor did encroach leave to appeal to S.C.C.dismissed(1975),7 on criminal law. The Inspector did not 2219. OR,(2d)484n(S.C.C.), Information Retailers Assn. of profess to act as a censor,for which he had no {XI.I.j) Metropolitan Toronto Inc.v, Metropolitan authority, but merely formed the opinion,as Regulation and licensing - Regulation of Toronto(Municipality)(1985).52 O.R.i2d} hecould under s.277,that the sale to school Municipaluliesses - Soil and erarel excavation O, - 2 B� and licensin Regulation 449, 32(4th)M. 161R. 49, 10 Q.A.C. 140. 22 children was gross misconduct. However, in 930. Act, y 1$.C. 1979, c. 290. a g - D.L.R. nfrPu in pan(rub nes, acting under s. 277(c) the inspector. whose 930, Municipal by-laws pissed pursuant to oawes- Soil and gravel excavation - Canadian Periodical Publishers Assn w. was subject m appeal, bound ro Act imposing permit fees for gravel removal Planning -Use of land as gravel pit lawful Metropolitan Toronto (Municipality)) dei decision As and the nodi alter-aml,was panom rule -Cost of permit fee r cubic metre of soil we- Whether nor tv {1984).48 O.R.(2d)290,28 M.P.L.R. 101,6 removed varying from municipality to tt g>ard Pit mal be isatrod Pfls andD.L.K. applied. Consequently he was required to Control Act.5.0.,1971,VoL 2,c. O.A.C.60, 13 (4th) Si2 (Div.Ca). give plaintiffs the right to be heard and to municipality-Certain companies engaging in s 6(2) The Crown issued a licence to answer the complaints and as this had not gravel removal petitioning to have by-laws P 2224. `}C1.?moi) been done the suspension was invalid. quashed-Petition granted-Act not authoriz- respondent company to operate a gravel put ing municipalities to impose variable permit pn specified lands- to use of the lands in Regulation and licensing - Regulation of Damages should not he awarded because, in fee, question as a gravel pit was a lawful non- behaviour - Quasi-crirrdnal by-laws - the absence of fraud,collusion or malice,the conforming use of the land as far is an of- General-Charter of the City of Montreal, Inspector in exercising a quasi-judicial power Allard Contractors Ltd r.Coquldam(Dns- ficial plan adopter} in pursuant of a zoning 1960, S.O. 1959-60,e. 102, s. 813 -Con- was not kaiak to civil suit. He had acted trier) (1988), 40 M.P.L.R. 96, 31 B.0-L.R. by-law war concerned_in an appeal by appef- stitunon Act, 1867(30 di 3 Viet},c.3,sa. honestly and in good faith. albeit wrongly, (2111 309(S.C.).additional reasons at(19881, fait township to quash the issue of the 91127,92114. City of Momreal refusing to and without direction from or collusion with 3l B.C.L.R.(2d))3l9(S.C.). licence.held,the appeal should be dismissed. renew commercial licence-Applicant bring- the mayor. 382 383 . • • i THE MUNICIPALITY OF VILLAGE OF PORT BURWELL # 277 Meeting July 51 ,19 73 . Moved By SecondedBy 6.---.. e--4- .,- .- 414-117 That leave be granted to introduce By-law to prohibit the use, and to prohibit the owner or lesee of any trailer from permitting the use, of any trailer for the living, sleeping or eating accommodation of persons within the municipality for more than 60 days in any period of ten consecutive months except in a licgal;n?ii gJITgatt razilimad tent and / or trailer park. an1 as per attached schedule By-law read a Moved By ....altzzAA- __,,,_ ___ _ c,---X.-- ---J2 That By-law now read a first time be read a Seconded By second time forth Ote/a" /3142'(2 .1 i 1 By-law read a eaMoved By - - —.-0 _ F.._ .. ___,. ,......._ I That By-law now read a second time be read .0 a third time forthcm-) Atvv-k_. , Seconded By a. .. ... - ____ , By-law read a ___.- . '- .& --time e-J1‘1411741/ 13 Moved By ._ ...-e.. _ . * . - ..-z --•<' ---.'.'''-"-.'.......-----'. That By-law now read a third time do ' pass,re..< be engrossed by the Clerk, and signed and Seconded By ._ . sealed by the Reeve. ect/tiLA ce t c,____ AA -7300 BY - LAW NO. 277 VILLAGE OF PORT BURWELL Being a By-Law to prohibit the use, and to prohibit the owner or lessee of any trailer from permitting the use, of any trailer for the living, sleeping or eating accommodation of persons within j` the municipality for more than 60 days in any period of ten Y+ ... consecutive months except in a licenced mobile home park or licenced tent and / or trailer park. In this By-Law "trailert1means any vehicle so constructed that it is suitable for being attached to a motor vehicle for the purpose of being drawn or propelled by the motor vehicle, and capable of being used for the living, sleeping or eating accommodation of persons, notwithstanding that such vehicle is jacked-up or that its running gear is removed. WHEREAS paragraph 86 of Subsection 1 of Section 354 of The Municipal. Act, 1972, provides that councils of local municipalities may pass By-Laws for prohibiting the use of trailers. THEREFORE BE IT ENACTED BY THE MUNICIPAL COUNCIL OF THE CORPORATION of the VILLAGE OF PORT BURWELL. 1. No trailer shall be used, and no owner or lessee of any trailer shall permit the use of said trailer for the living, sleeping, or eating accommodation of persons within the Village of Port Burwell, except in a licenced mobile home park or a licenced tent and/or trailer park, for more than 60 days in any period of ten consecutive months. 2. This By-Law shall not apply to any trailer for which a building permit has been issued at the date of the passing of this By-Law. 3. This By-Law shall not apply to any trailer located in the Village of Port Burwell for the purpose of sale or storage only. 4. Every person who contravenes the provisions of this By-law shall be guilty of an offence and liable to a penalty of not less than $10.00 and not more than $50.00. exclusive of costs, and each day that a person contravenes this By-Law shall be deemed to constitute a separate offence. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED this 5th day of July 1973 C3•224/4-91,./(.Ly(-4,..Clerk amAi./..47-?a)....Reeve 411i=01111" SOF PORT�� Afthoopiaggh<r 411Lilar. GL\133336.--&13Ch c> �y (,As) ��9 -31P-1 r,o -�c�c --{�rr hoax., crekdU,le-. -�or -ka,\e. r P13413 buSi rcSS I' rc i ncr faJ -Cc( tto, 14-1*'t re5cn ..1, .-fcj c,,) i 1 I JeXYi bj 'ra, 1 . 4_0f PORT ,9: limorigNiC f 41"11r. Gc & cl3S - Ntol io &s cAa►�ecl G�QF PORTeG9 limmosA!, • 411111mAP c ( chaflSLi p q - 9E0(4 juks+- pass cci a by-- I w ) ��of PORT @09 711 411111.millr. -Pcr+ duce - f'ola lo,l;ALe Town sh �� i M Q4c-i k ) �� `. aJ cr . . . . . . .. . . . J � a �- .. . . . . . . . . . C5 46-. t� , Tip) of Malahid• TEL:519-77' -5334 Aug 23.95 11 :46 No .001 P,01 «sr�''�'•«aPrt�-;°�'� •- • ...- .. } • y'r ' OWNSHI OF MAL.AHU)E • 87 JOHN STREET SOUTH AYLMER,ONTARIO INH 2C3 TELtPHONE:(519)773-5344 FAX!(51Q)773-5334 MO. MUNICIPALITY OF TOWNSHIP OF MAI-AMIDE This License is grantrod to n4 to carry On thee Business of a Trailer Park within the limits of the Township of Melahide. Provided the said shrr] 1 duly observe all such Dy-laws, Rules And Regulations, matter' and things as are, or may Ln enacted by the Municipal Council of the Tnwnmhip of Malahide r.ir legally constituted Board of Commisiioner'c thereof to govern withiu their jurisdiction. This Licence to continue in force until December 31 , 199 and no longer . Issued el Aylmer thi, day of , l99 . RECEIVED Or the sum of * 100.00 being the full amount pavaule cm this LIcrwre. t TREASURER C.kO /Calm - 1 iliMM.MMMIMMMIMMMIWIM....11111'4tiofast a Candid:. Fotiw pi7 �lRc� T. he Caere.a t i*ipaf WA"her 511, No. . lj It] 14 r r LICENSE r .. .. MU■\yCY {...Ll T Y OF........wr.. ..n...........r...twwew...e.........i1►sw.. 4.66111.1.1110.11 To All Whom it .may Cone rn `: GREE'lliNG:This Lktnse is granted to .,..,»......»...............,............._...,.....,....,.... • . = Lai a.oraaw Too& ...................................................... ... .....owe............. q to carry CO the (a) ....—.....•••................• ••—• of a(b) ......,...... . .........,...._....,., 8 mom a oho In& within the limits of ... ... ... . ...................................» ir iMinya to Provided the said ........... .............. .... ........,........... .......... . ,. .. than duly observe n all such By-laws, Rules and Regulations. matters and things as ane, of may be enacted by the Mualeipal Council of the of................. or lily constituted Board of Commissioners thereat to govern within their jurisdiction. Thu License to continue in force until _ 19...._. and no longer. . • ' Issued at ........ this day of .......,........ 15... .. u ....,..............,.•.. . w co { RECEIVED OF ............ ..........»,...... .«.....................................o. C C t a z the sum of . 4.••••••••••••••••••••••••••••••••••••.... .._... being the full amount payable on this License. D Za •.rirt y n ......In .r . ............. v 08-23-1995 91:28Pt1 TOWNSHIP OF GODERICH 519 482 9516 P.02 +519 222 4d .7C IP OF -` 070 Pew MAPP 28 '95 14:08 .r • e CO*pOnailos Gr 1H. TUIHSHIP Of AWE'. • • =•• • Sr-Lite MAIM 1424 • 9sinq a Braley to licence, regulate and govern trailer •I.appe end certain touri■t °sage in the Township of Aarbel. t1HCRCAS under and by virtue of the cunicipal Act Reriafd Ststistss of Ontario, Chapter 249, as emended the Commis of e Tolnehip is euthc+rised to pees a lir-les for licensing,, terilleting end governing trailer crepe end tourist neaps. • TICREfoRE the Council of the Tosiiship of Mabel ilIACTi AM roi.t,Gss, 1. For the outposs of thio Cir-lase (s) COuncil shell moon the Council of the Corporation of the Township of emboli (b) Clerk means the Clerk of the Corporstimn. of the Township of „salmi, (o) `Trailer Carp' Malaris land in or upon *high ■e-y vehicle, so conetruetsd that it to gettable for being attached to a motor vehicle ter the purpose of being dram or propelled by tare motor v..::iclu, io p1t:r1, iocatod, kept or maift+eined, nc tri thstcnding that such vehicle isire+f•.up or that its rimming gear is removed, but mete, Including any vehicles unless it is wee4 rot '` r the living, sleeping or sating ecooswsodstisn or persons therein. (e) 'rouriet Comp" includes auto camp end tint parcel land of pron;aee .quippod with cabins used or rseintained for the eoCooreodation of the ptblic, and any parcel of lend or premises used sr r.:►inteinare es s camping or parking ground tot the pai?ic vrrther tr not fee or charge is paid or =lads for the rental or use thereof, 2. Na y.:c,- *hal: establish, operate, keep or maintain a tea:i r o-no •ithir. the Toonahip of Asabel without first obtaininga licence therefor. Application for a current years icence is to be mode prior to loft 30th er that year. ne"KCN' 3. ho owner of land situate in the Township or A.abel shell use or permit the uaa of such lend for the purpemo of a trailer cup Mises a licence for the cetera.'eheent end operation of ouch camp hes been ieaued in accordance with this 9ylse end has net expired or been revoked. 4. Ito lot rad• available by the owner rot oscopaney or a trailer or tent shell be occupied by s tint or C)eiier isrlsse a licence Mss been lab twined. `Ts Clerk shall be tho Licence iesmer crud appliitetione for Licences shall bo ands an forge supplied by the Clerk. O. A troller Camp licence asy bo issued when (e) application hoe been cues on the fors or forma t+upp1ied by the Clerk; Cb, cs!plete plans one epecificettons of the comp eupliceto ;ro attached to the eppliemtinr. (* litenoe *mall be issued until such tie* .. tt. p'.en Or the csap is received b7 0.. :1. 1*: • ;r r .14,-• tr tit, application fame. 08-23-1995 01:29P 1 TC J SH I P OF GJDER I CSI 519 482 9516 P.03 -'-51$222284-4 ��{'1 f_�: _� Lw a I•.-:.. e70 P05 MAR 2e '95 142:e6 ' J r Pegs 2 + ;?1an shall closely indicate all osep sites by number, road sys end buildings etc., se till se the dimensions of the property. The rite plan shell also indicate the einiewe and sw*i qu else sr sites available). (s) there is recorded UpeA the application or ettashed tett (l) the report of the Ssdisel Otfiesr of Health that the satabltshmeett end all facilities es the plane thereof, ere In conformity with the provisions of The Public health ASt eyed of the regal.tions node thereunder, if any, and of this $7-lac. the report of the duilding 1nmpeeter Chet all building& or plane thessdf sonfors lith the provisions of the relevant eunidipal by-lass. (a) the Clerk is ottiafied that the trailer camp complies with the requirements of this Op.lee end a1I other legs and regulations eppltabla thereto; end (s) the issusnse of auch licence has been approved by the Council. 7. The renewal of a trailer camp licence may be issued sten (a) nppiitation bras bean made an the prescribed fora or forte. (b} the Iacono* ;sever is satisfied thet the aatsblishment complies with the terse of thea Dy-ler end any ot`er less or municipal 1y-laws opplicsble to the establishment. end (c) the iseusnc. of •.ch renewal has a.sn approved by Council. S. The trailer camp licence shall stats the number of lots licenYsd and shall be valid for the p.uiod aspiring on the lest day of the calendar tsar of issuance. The establishment or use of any masse Cf caipeit■s in ',mesa or the nerds, liasnssd this Ry-leg shell be a contravention of this Sy-ite and subject to action by the r`+~enicipelity ss provided cinder Sections 21 and 22. . V. rihir, a licence for a trailer camp ie issued at renewred, sutp■raced or rsveleC, notification thereof may be meet by. the Clerk to the Medical Officer or 1i.tlth. 10. Traile: eaxpa shill be divided into aempaite:tate end etch lot shell contain i minimum area of 1*600 squats fest, lith a ninieus frontage of 25 fast and shell have its taun:Aries clearly defined, and a humbler clearly vi..ble. Trailer. *hell be so located on soon lot that ther. .'•Alt be et least 1C root Clearance between trailers provided, ' 'ever, that with trstier• perked end to ane, the end s, end cl..rsncs between trailers shall b. not lags than f fusee. 08-23-1995 01:29P?1 TOLNSH I P OF CODER I CH 519 482 9516 P.84 4.519-:222S-2-1 - r �= a :_ ; 00 Feti, 29 '95 la:a9 , , • • • • e A .+ - Page 3 - . 11. :n4 c.p:..utcr Or a cscapins ertabiishment shall not silos t:+c :..oping .tvtib1i=''tent to consist, et any tires, of more caping lets then in the proportion of fifteen camping lots for each acre of land et that time suittble for accommodation of tants and trails;s. 12. (1) Every trails: camp shell be equipped with an adequate number of fire extinguisher, clearly marked as such and readily accessible to ell • occupants of the camp. (2) ` e fire extinguishers required under sub-section (1) • c:all ccr.sis t of Class A end Claes e extinguishers as defined by Notional fire Protection Association Stsnderd No. 10. 13. Al; :_attar Daps s .:211s with telephone service. IA. ;he 4une: or operator or a trailer camp shall inforrs all ps:s:'s occupyinv a trailer lot of the location of camp fire pro.rtticn f■cii.tias and of the means of summoning the fi:e Cepsrtr.;Gnt, police or trailer camp arsolayese. 15. `hs approaches tc sll trailers shall be kept free and clear of t_? refuse end obstruction at all times end ■1l overhead +.i:ing within a trailer comp shall hive a minimum clearance of IP feet above any roadway. 15. .very trailer :amp o«<nsr or operator shall provide a inim;..:r, of :weakly garbage collection grid shall arrange far i-z aiste dis;.osa1 of all garbage end estate so collected. 17. resds -ithir the camp grounds shall be property treated duct et ell tiwos the cooping `stab lehrwsnt is in operation. iii. shell not ::ppl y to trailers operated in connection with Ii, exhioiticn, fair, carnival or other p.:b:ic place of emweenent or entertainment provided such :x►.=Fr_` tion, fair, *.arnival or entertainment is suthorited by tr* Council to operate fct a specific duration of time in a certain site. ii. llre=o an ops;stor is u.tab,:e to comply with the minimus+ sts^_arca for sanitary facilities, the licence for trailer ca-!p -';y be issued for a specific period not to exceed 12 c�,r•: �, prcv.:wvd n cs:tificati of thi'Medicel Cffieor of t e a t te:hed tc the application stating haat in hie optnia:x the existing toilet facilities' eaete disposal, ga::ftgs disposal, atter supply and other condition* ars adequate for the 'time being. ?Pe L.uncil may revoke any licence issued under this ay-its. 21. Any F.:mimes Licenced under thio ay-les shell be subject to Inspection at ell times by the Medical Officer of health, the e.y-law CnForcraent Officer, en Police Officer or the fire t'+t+ef, enc' rig perm.% shell refuse sdmiesion to any such Ons c.tiog officer or shall fall to remedy eny condition if ea 'c.;wets: ay any such official. 08-23-1995 01:30PM TOWNSHIP OF GODERICH 519 482 9516 P.05 en Pe7 mpp 2"6 '95 14:09 .. . n Pa 9e 4 . • 22. AN pataon ...o cuntraysnss any of the provisions of this By-lar: shall is liable on summsry conviction to a fine npt sxceadinq Threo Hundred (1300.00) Dollars exclusive of cost*, and shall take such steps es may be necessary to • asst the rsquirsasnts of this By-lea, 23. Each day that. a violation is permitted to exist, shall constitute • separate offence. 24. Sp-!sat #1236 is hereby rescinded. • READ a FI4ST ar.0 SECOND time this 10th day of Ssptembsr 1974. LOVED BY 12- :,14--- Harron • REEVE SECONDED MY G a Il. C. :lQ!*nst��_Cr,.ERK ROAD e *I?IRD t!ms enc! FIN4t_y PASSED this 10th day of September 1974. MOVED 9Y Ha n REEVE SECONDED 8Y a. Farris VrItc• E-. 3chnst.atl CLERK • • . 08-23-1995 01x30 1 TOINSHIP CF IGOt7ERIOI 519 482 9516 P.06 THE CORPORATION OF THE TOWNSHIP OF GODERICH TENT/MAILER CAMPING ESTABLISHMENT APPLICATION FOR RENEWAL OF LICENCE Name of Camping Establishment and Mailing Address: Telephone Number of Camp: Owner(s)of Camp: Address of Owner(s) Telephone# Location of Camp: Lot;. Concession or Plan: Size of Camp: __Acres Number of Sites: Travel Trailers _ Mobile Homes Residences _ Other(Specify) ATTACH.CURRENT SITE PLAN INDICATING ANY NEW CHANGESIADDITIONS OF SITES/BUILDiNGS, ETC. DECLARATION I,THE UNDERSIGNED being the authorized Owner/Agent of the above named undertaking,hereby certify as follows: 1. THAT all facts stated and information herein are true and correct. 2. THAT I have received and read Section 12 By-Law Number 6 for 1984 and By- Law Number 12, 1992(a By-Law to amend By-Law Number 6 of 1984)of the Corporation of the Township of Goderich,and I hereby agree to comply with the terms and conditions of same. Date Signature of Applicant FOR OFFICE USE ONLY Licence renewed by - Date: For the year 19_ Licence# Comments: , 08-23-1995 01:30Pt1 TCu SH I P OF GODER I CH 519 462 9516 F.07 I The Corporation of the TOWNSHIP OF GODERICH BY-LAW NUMBER 12 of 1992 . A By-law to amend By-law Number 6 of 1984 WHEREAS the Municipal Council of the Corporation of the TOWNSHIP OF GODERICH deems it advisable to amend Zoning By-law Number 6 of 198$4 u amended, NOW ARE, the Municipal Council of the Corporation of the TOWNSHIP OF GODERICH enacts as follows: 1. Section 12.6 is hereby amended with the addition of the following: RC2 12.6 SPECIAL PROVISIONS 12.6.7. Additions to Trailers Enclosed structures, in the form of additions to travel trailers and other trailers, are permitted to be established in the RC2 zone as an accessory "add-on" subject to the following: - each trailer may have attached additions with the total area of the addition(s) not exceeding the floor area of the trailer. or 28 square metres, whichever is the lesser - the "add-on" must not exceed the height, width or length of the trailer - issuance of a building permit for any "add-ons" in excess of 10 square metres.. 2. Section 12.6.1 Development Ratio is hereby amended with the addition of the following: Adjacent areas on the lot, zoned Natural Environment and which represent a natural extension of the trailer park as defined by natural features or the natural extension of the Recreational lot lines, may be included in the calculation of lot area. 3. Section 1.2.6.2 Recreational Space is hereby amended with the addition of the following: The required communal recreational space shall be located within the RC2 zone. 4. Section 12.6.7. Density of Development is hereby amended with the addition of the following: Adjacent areas of the lot. zoned Natural Environment and which represent a natural extension of the trailer park as defined by natural features or the natural extension of the Recreational lot lines, may be used to calculate the density of development. All trailer sites must be located on the area zoned RC2. 5. All other provisions of By-law 6-1984 shall apply. 6. This by-law shall come into effect pursuant to Section 34(19) of The Planning Act. 1983. 08-23--1995 01:31 P 1 T04NSH I P OF CODER I CH 519 482 9516 P.08 • • SCHEDULE 2 BY-LAW 12 -1992 1. Bylaw 12 -1992 has the following purpose and effect. By-law 12 -1992 will amend the zoning regulations by adding an additional special provisions zone to the RC2 zone, which allows for the addition of structures to trailers, to a maximum of the total floor area of the trailer, or 28 square metres, whichever is the lesser. In addition clarification of the special provisions relating to density of development, development ratio and recreational space in RC2 zones is provided, which specifies the area. which may be included in undertaking the calculations to determine the required • area for the various provisions. ii. As a general amendment to the comprehensive zoning by-law, this by-law affects all lands zoned RC2 within the Township of Goderich. . 08-23-1995 01:31 P?1 TOLD SI-I[P CF ODDER ICH 519 482 9516 P.09 Township of Goderich Zoning By-Law 115.1.2. the minimum lot arca is I000 sq. entrees: SECTION 12. 11.5.13.all relevant regulations made under The Public Health Act and all relevent requirements of RECREATIONAL TRAILER the relevant Health Authority are fulfilled. PARR & CAMPGROUND 11.5.2. FRONT YARD (RC2) For lots fronting on Lake Huron. the front yard may be either the street or the lakeshore. 12.1. 1.PERMITTEDaa USES: 11.5.3. Notwithstanding Section 11.5.1. tothc [2.1.1. a conservation: contrary.Lot 11. R.P. 1554. located on Lot 35, 12.1.2.coestr.atitxt: Concession 1.Township of Goderich. zoned NEI and 12.1.3. forestr}; 4. RC 1.2,has a frontage of 16.7 metres. 12.1.5. recreation.passive: (Amended by By-La*, _22.19S.c) 11.1 a private park: 12.1.6. a trailer and tent park: 11.6. SPECIAL ZONING 12.1.1, uses accessory to the trailer camp use 1 I.6.I. RCI-1: including recreational vehicle sales and service. Notwithstanding the provisions of Sections 3.33.3. to the convarv.the area zoned RCI-I mai have a rear 12.2. PERMITTED STRUCTURES yard setback from the rauJ'allowance of 3.85 meta: 12 2 1. one assessor. dwelling unit for the owner or for the establishment of a rarcutional resod Nz. monster of the trailer park or camp; (Amended by By-Law er►+ '7./9., 6) 12.2.2. buildings and structures for the permitted 1 1.6.2. R C 1 uses: Notwithstanding the peer inion; of Section 11.3.4. to 12.2.3. buildings and structures accessory to ere the corivarv, the area con,:d RCI.2 mai h.s,E permitted use, side.ards of 2 25 rnctrzi,7 1/2 ft.k (Amended by.8.‘ 37./fryif 12.3. .1. Lot t2E:Gt.LATIONS 1 I.6. RC1-3: 13.3.1, Lot Area Notwithstindine the pr,• 'scene .'f Section 11.3.6. to X2.32. m hCciarts: the contrary. the arc;r,on,;d RCI-3is deemed to 1-' �•= Lot F:�7r,trw conform with the minimum rear yard provision, vi.ith Minimum 40 metres, a rear yard of 22.1 ft. (6.7 mi. 12.3.3. 'Front Yard (Amended bti By.Ler:+ 2.14+3i ?Minimum 17 metres: 11.6.x. FtCI•a: 12.3.4. Side Yard Notwithstanding the p,ro%isions of Section 3.33,3, to MReimuinar 7.5 metres: the contras.. the arra zoned RCl-4 may have a 12.3.5. r c,r Yard setback of 18 metres from the top-of-the•bank of the Minimum 7.5 metres: lake and the rayien. for the subicct recreational 1'.3.6. Cn%reset residence. All other provisions of this by-law shall T 2. .7. t� 10 perecrat. apply. (Amended by 8l•La�, !6•1YSSi 1^ ,; ? Tr ri1,: site art;, 1 l.b.5. R 1-5: til nir;t uin 150 square m tees Notwithstanding the pro..lions of S::tion 11.3.2. and Section 3.33.3. to the contrary he folio%in& 12.s. 11 Building REGULATIONS spt ,al provisions applyto the prop`rty zoned less 1 Height ftC1.5: Maximum $marts 11.6.5.1 Lot Frontage 12.5. REGULATIONS FOR ACCESSORY Minimum 20 metres 11.6.5.2 Setback from the Lake Huron top-of-bank cRESIDF.�TIAL USES Minimum :,�,rr,cvc, 12.-.1. Location • other than in basement or cellar: ed b� ,9ti-Lrrh ?-/S+S+5t 122.5-2. Minimum floor area per dwelling unit shall be in accordance with the following: i 12.5.2.1. full• detached residence • 84-0 square 1 metres: 12,5,2.2.a residence as pan of the non-resrdenual building or structure - 70,0 square metres: ` 12.5.3. Access to dwelling units from the 3diacent slices rh:!lt h:provided for the ext 1 ssi%- i;c,,f the dwelling: uiti.<. 33 08-23-1995 01:32PM TOWISH I P OF OODER I CH 519 482 9516 P.10 Township of Goderich Zoning By-Law 12.6. SPECIAL PROVISIONS with the total arra of the additions)not exceeding 12.6.1. DEVELOP'1ENT RATIO the floor arca of the trailer.or 28 square metres. The development ratio for trailer parks shall tie 1:2. whichever is the leer. That is.for each hectare of area to be developed for I2.6.7.2. The "add-on'must not exceed the trailer sites,two hectares shall be maintained in height. width or length of the trailer. t3attual arta or recreational space. 12.6.7.3. Issuance of a building permit for any Adjacent areas on the lot.zoned Natural Environment -add-ons"in excess of 10 square inures. and which represent a natural extension of the trailer (Amended by By-Law 12-1992) park as defined by natural features or the natural extension of the Recreational lotlines.may be 12.7. STATUS ZONING • included in the calculation of lot area. 12.7.1. R C 2.1: (Amended b;•By-Law 12.19921 Notwithstanding the provisions of Section 12.1. to the contrary,the arta zoned as RC2-1 may be used for 12.6.2. RECREATIONAL SPACE a retail store for the sale of personal convenience Not less than 20 percent of the gross area of the lot £cods and foodstuffs.accessory to a Trailer Park shall be used da commune' recreational area Natural and/or Campground. areas such as ravines.marshes. or lake banks shall 12.7,2. RC2-2(a): not be included in the ca,:ukition of recreational Notwithstanding the provisions of Section 12 1, space. 12.2.and 12.3 to the contrary,the area zoned RC2-2 The required communal recreational space shall be may include the use of a mobile home as an accessory located within the RC2 lone. dwelling unit for the ow ncr or manager of the camp (Amended b) By-Lary 1' 1911') or trailer park. '.4mrr.d'd by By-Law, 3A-1990''t 12.6.=. SITE ARl~.a 12.8 SPECIAL PROVISIONS A minimum rndiyi;lusl tea lcr park site arca of 150 sq. 12.8.1 R C2-2: metres shall be provided. Notwithstanding the pros isions of Section .:; to the contrary-.the;ue;i zoned RC2-2 may have a 12.6.4. 131-FFE R reduced setback frore .` :op-of-sank or the lake. Where a(RC2)Zone abuts a(RC1•Zone.a buffer established by the line shown on Key Map 5C strip of landscaped open space or rt-:sural vegetation of (identified as'Proposed Setback Line"--as 10 metres shall be required recommended by Golder and Associates). All other • provisions of this by-tax shall apply. 12.6.5. "iVATER ACCESS (.4mendedb-v B'.,i. ..-F-1993) • Where a recreational Inil;r park is located within 12.8.2 R C?-?: three hundred(300)metes of a navigable body cf Notwithstanding the provions of Scct:oe 12.3.2.. to • water or a lake.access to the w ater shall be provided the contrary.the area zoned RC2-3 is deemed to as part of the lot or holdi;tg. The %%idth of this access conform with the lot fronuce. The provisions of shall be a minimum of 30 metres. Section 3.. (nen-complying uses) shall apply except ; that the oper'tiv c d..ne for the purpose of Section 3.4. 12.6.6. DENSITY or DE"k:LOP:x1ENT shall be the date of eassing of the amending by-lac- Overall density of development will not exceed v•hitt esublishe s the RC2-3 zone. All other fourteen(14)recreational vehicle lots or camp sites applicable provisions shall apply. per gross hectare. (Amended by B..-Lai. 7-19931 Adjacent area of the lot. ►coned Natural Environment and which represent a natural extension of the trailer park as defined by natural features or the natural extension of the Recreational lot lanes,may be used to calculate the density of development. All trailer sites must be located on the arca zoned RC2. (.Amended lav By-Lex 12.199?r 12.6.7. ADDITIONS TO TRAILERS Enclosed structures. in the tornt of additions to travel trailers.are permitted to^e cmoblished in the RC2 zinc as an arcs+ser.' _add-on'subject in the f•i era lire' 4 _.: . . tla heel cKklitions 3; 1-519-422-21944 TOLNSHIP IOF AMABEL 909 P01 MFR 26 '96 10:09 ec9S C DATE: MARCH 25, 1996 TO: TOWNSHIP or EMILY 1-705-799-5957 GEORGIAN BAY TOWNSHIP 1-705-538-1850 VILLAGE OF PORT BURWELL 1-519--874-4948 TOWNSHIP OF GRAVENHURST 1-705-687-7016 TOWNSHIP OF BOSANQUET 1-519-296-5666 TOWNSHIP OF NORMANBY 1-519-665-2284 TOWNSHIP OF KEPPEL 1-519-534-4970 TOWNSHIP OF SMITH 1-705-292-6491 ONTARIO PRIVATE CAMPGROUNDS ASSOCIATION 1-519-371-5315 FROM: PATRI CR STOCK, TOWNSHIP OF AMABEL RE: AGENDA - MARCH 29, 1996 TOTAL NUMBER OF PAGES BEING TRANSMITTED: 6 IF YOU SHOULD HAVE ANY DIFFICULTY RECEIVING THIS TOTAL TRANSMISSION, PLEASE CALL KAREN AT (519) 422-1551 IMMEDIATELY. 1-'519-422--2644 TOWNSHIP O AMABEL 909 P02 MAR 26 '96 10:09 MEETING TO DISCUSS COIN CONCERNS AND THE SAVINGS AND RESTRUCTURINGCHANGES LL (SEASONAL TRAILER &/OR SITE LICENCING OR ACT I USER FEE) MICE TING DATE : M NCH 29, 1996 TIME: 11 : 00 A.N. LOCATION: SAUBLE BEACH COMMUNITY CENTRE (KAP ATTACHED) /TENSTO BE DISCUSSED 1 . WELCOME AND INTRODUCTION OF THOSE IN ATTENDANCE 2. BACKGROUND REVIEW OF MEETING HELD IN TORONTO ON MARCH 19, 1996 WITH OPCA (ONTARIO PRIVATE CAMPGROUND ASSOCIATION) AND VARIOUS MINISTRIES ALSO IN ATTENDANCE WAS KEN WILLIAMS OF BOSANQUET TCVSHIP AND PATRICK STOCK OF AMABEL TOWNSHIP. 3 . INTERPRETATION or BILL 26 AND MUNICIPAL CONCERNS SECTION 220 .1 (1) VS. SECTION 236, PARAGRAPH 5 4. LETTER FROM AMO (ASSOCIATION OF UUNICIPALIIIS OF ONTARIO) ROMA SECTION DATED MARCH 22, 1996 ADDRESSED TO SHERON BURCIS, PRESIDENT ONTARIO PRIVATE CAMPGROUNDS ASSOCIATION (COPY ATTACHED). 5 . DISCUSSION OS MUNICIPAL CONCERNS RITE CURRENT LEGISLATION AND WHERE DO WE AS A GROUP GO FROM HERE? 6 . ADJOURNT r 1-519-422-2644 TOWNSHIP CFA AMI_ 909 PO3 MAR 26 '96 10:09 s .... .---. ........ 0AP-2S-'Se 10:Z4 /D=AM , 4Walatimmirsimm facsimile AM, TRANSMITTAL • to: Pat Stock fax*: (519)422.2844 re: OPCA and ROMA data; March 25, 19% page. 3, including this cover sheet. Pat, 1 have attached a letter from ROMA to the OPCA. I guess it speaks for itself. Call me any time and we can discuss it. Thanks again for coming to the meeting last week. Your presence was very helpful and much appreciated. 4/ IL/Us—) s From Ito doak 0. Irian Ros0crough 'ower A0s,risar +iIoc,et,Pn of 1411101041ities of Ontanp Sump 701.230 S+jor grace,tail Tomnto.Ch IM4W tEe E-MAIL "* broeboroug O.mo rnunicom GPT (41a)029.7573(est. 3 t2 fax (AM 921-1571 1-519-422-2844 TOW -t!P OF I I BEL 909 PO4 Mize 26 '96 10:10 vnrlerQrrt�rr.r'i�+Wsritip�i��ef Association of Municipalities Of Ontario March 22, 1996 Sheron Burgis President Ontario Private Campground Association Springznont Corner, R.R. 5, Hwy. 70 Owen Sound, ON N4KSN4 Dear Ms, Hargis. On behalf of the Executive Committee of ROMA (The Rural Section) of AMO, I would like to thank you and Mr. Gignac for attending our meeting of March 21, 1996 to present your Associations concerns regarding new user fee provisions in Bill 26. 1 compliment you on your efforts on behalf of your membership. Following your deputation,Executive Committee discussed the issues that you presented and came to the unanimous position that ROMA could not support or endorse your request for an agreement or regulation that would place limitations on the authority of elected municipal governments. We appreciate the effort that your Association has made in The past to resolve issues relating to the appropriate contribution of your members to municipal costs. In Bill 26, the Government has resolved this issue by allo► ing municipalities to collect additional revenues under Section 220.1. Our primary concern with your proposal is that it would place unnecessary limitations on the authority of elected municipal governments with respect to the determination of appropriate fres and charges collected for important municipal services. 1-519-422-2944 TCW�tSH I P OF Ah1�1 L. 909 P05 MRR 26 '96 10:10 ,.__ ,- � u ?5 TEL w:lit1 ,a -T You proposed that the Government establish a regulation defining a specific rmit fee for seasonal trailers and that municipalities be required to charge no more than„and no les,than,the prescribed fee. In addition to out primary concern that the regulation would inappropriately limit municipal authority to establish and collect fees and charges, the Executive was very concerned with the suggestion that municipalities would be required to charge a fee for seasonal trailers even if the Council concluded that such a fee was unnecessary or inappropriate. The Committee also noted that this minimum fee would apply to thousands of seasonal trailers in camp grounds not represented by your Association:. As you know,rnuaicipaaities are now facing substantial reductions in provincial funding. Additional municipal authority in Bill 26 was provided specifically to enable municipalities to manage in the face of reduced provincial funding by providing alternative sources of revenue generation outside of mill rate increases. Municipalities iaave a strong and vested interest in promoting sound economic development in our communities, Promoting a healthy and viable tourism industry is key among those interests. Combined with open and public decision-snaking processes, and full accountability to the electorate and to property tax payers, municipal governments need no additional regulation in order to effectively manage their business. Thank you again for presenting the concerns of your Association. Sincciely airStilduge. Charlotte Clay-Ireland Chair ROMA (the Ru:al Scc ion)of AMO cc Terry Nfandell, President AMO Jake Gignac,Director. Ontario Campground Association Members of ROMA (the Rural Section)of AMO Executive Committee to .1,NtR COMMON-cAMP LET 1-519-42844 SHIP OF AMPBEL 909 P06 MAP 26 '9E 1 2: 'l a 0 - r ��J r . `. t8 i. �i '.'R, ,, T i Dot . , i Cb ;It% • i+ f '. r € ��, • . , • • ' 1, ,, 'tea��Zs $j,C • °y • i `x m tics • i • err r° ir « t; O+rf 11 Sol NT ts, � f f WA s 1 q -, , W artOS INOM 1- V tae.Pit. I Bo:: - a . r 1 i tr�.r.Pt y.d.. ¢f. Shies Ms .Szilitiligt No rtk_ .• Vit• I • Ems O []! 's trallar ter*rK * lith 1 - _ a AO EOM• Aea.n 1! C4 4*•2 % + t • : wwdF.H y RC C S 7�c rr% - 17Chet,, U f•• ©W N fo u �' a tit.461L- bops 77- " Teta ll. . 1 7, Mr +s Figs q Keri.err` 2 Pert 1.: 6.dr sinionion ea•rer;: t : CJ if 45 Mmrl Cows Mrs F..r^ �'`'' do Ilir Nnimemosea• '1E _ v• Iliwierp Tgrk4iii-. i •i4i U, ii . 3: . ywr• Mart ',V-3$4 i' 1 : : .? 1rktmI i 40 tlswM .71 Carlo KlicardIi! •C w . 11 ti-•..e� 1 P Si N `-1 c.. 4 # - perk® 1■f14w l.arr. Pot ICP r� • 4Nrilr�t1ST hes River V f ?.`& � ��•Withrow Ci11MrM I. ? «' Mirn.r • Raga Cleft 111PN1 r . 11111LiliZt !1 +. . V Y +.--- PIM CNi C4,:- ; •i N.rs[a t III rlN DEC-20-1996 14:22 FROM TOWNSHIP OF HARVEY. TO 15198744948 P.02s05 ?RE C9RJQRATI9N Of TUE T©WNSNIP Of $ARVRX Ex-LAw NU?ER B96-40, Being a By-law to impose a charge on Trailer Sites located in Tourist Trailer Parks within the Township of Harvey %HERirAS pursuant to Section 220.1 of the Municipal Act. P.S.0. 1990. Chpt. 145. as amended, the Township of Harvey has the authority to pass by-laws to impose fess or charges on any class of person; AND WHEREAS the Council of the Corporation of the Township of Harvey deems it expedient to pass a by-law for such purpose; pow THEREFORE, The Council Of the Corporation of the Township of Harvey enacts as follows: ,f6CTION 1: DEFINITIONS In this by-law, the following definitions shall apply! a) CORPORATION - means the Corporation of the Township of Harvey. b) COUNCIL - means the Council of the Corporation of the Town,hip of Harvey. c) OPERATOR - means the owner of, lessee of, or the person designated by the owner to operate a tourist trailer park. d) PERSON - means any human being, association, firm. partnership. incorporated company, corporation, agent or trustee, and their heirs, executors or other legal representatives of a person to whom the context can apply according to law. e) T'OCRIST TRAILER PARK - means an establishment consisting of camping lots and comprising land used or maintained for recreational or vacation use designed and used for seasonal occupancy only but does not include parks or camping grounds maintained by. a) any department of the Government of Canada or of Ontario, or b) any Crown Corporation, commission or board \ I' MEMEW- DEC-20--1996 14023 FROM TOWNSH I P OF ' LEY. TO 1519874494B P.03/26 f; TOURIST TRAILER - means any portable living unit. including a tent. having no permanent foundation and supported by wheels, )ark, or similar support, used or so constructed as to permit it being used as a conveyance upon public streets or highways and duly licensable as such, and designed and constructed to permit occupancy for the temporary living. eating and sleeping accommodation of persons therein and shall not be occupied continuously or as a principle residence. y) TRAILER sirs - means a part of a tourist trailer park that ix or intended to be occupied by a single tourist trailer. h) OCCUPIED TRAILER SITE - means a trailer site which is occupied by a Tourist Trailer continuously throughout the season of a Tourist Trailer Park but does not include a temporary or transient trailer site. SECIICf 2 - REGOLAIIOER MD_C E$ a) An annual charge ie hereby imposed upon the operator for each occupied trailer site located in a tourist trailer park zoned or used for that purpose. b) The annual charge levied under this by-law for each occupied trailer site shall he 500.00. c) The amount of the annual charge will be established by the Council of the Corporation of the Township of Harvey by August 1st of the preceding year for which the �--� charges apply. d) The owner of the trailer park shall, no later than the 1st day of April of each year, apply to the Clerk of the Township of Harvey for renewal of the annual trailer park licence. The Clerk shall issue an annual licence for the trailer park which will specify the number of occupied trailer site, Iacenced by the Township and will issue labels for each occupied trailer site. e) The labels provided for in Section 2 (d) shall be affixed to each trailer or trailer site marker in a manner and location that makes it visible from the access to the site at all times. f) In each year the total amount of annual charge: as per the number of labels provided will be collected by the operator and remitted to the municipality by September 15th. g) Failure by the operator to remit the total charges owing by September 15th will result in late payment penalties being assessed against the operator; the penalties charged will be the same as permitted on overdue municipal taxee. h) Failure by the operator to remit the total charges and late payment penalties owing by January 1st of the • following year will result in the amount due being added to the operator's property tax account and placed upon the collector's Roll; the amount will be collected in the same manner as municipal taxes, together with �,� interest thereon accruing from January 1st. DEQ'-20-1996 14:23 FROM TOWNSHIP OF HARVEY. TO 15198744948 P.04/05 i) The Corporation of the Township of Harvey shall have the right to determine the accuracy of any information by visiting each tourist trailer park within it's jurisdiction in order to prepare an inventory of trailer unite located within the camp during the normal business I, hours of the park. SFC7IQN 3 - P 3MItTI5S Any person who contravenes this by-law is guilty of an offence. Except e, otherwise provided herein or by statute, any person convicted of a contravention of this by-law shall be subject to a penalty not exceeding S10,000.00 for each contravention, exclusive of costs. stCrrQN 4 - FrICrIvs °AT1S a> The provisions of this by-law shall become effective on January lilt, 1997. READ A. FIRST TIME THIS 9th DAY OF .741Y , 1996 READ A SECOND TIME THIS 9th DAY OF July _ . 1996 READ A THIRD TIME AND FINALLY PASSED THISLh DAY OF Sri , 1996. ;7 -!,:-, 7-..,7 44. , REEVE — - SEAL 1" - ERK / 1 DEC-20-19916 14 24 FROM TOUNSHIP OF F4RRL.€Y. TO 15196744948 P.05r0S ,Asp corporation of the township of -owe/ -� koo-cp\icmgaDxccuokolea3 July 2 , 1996 To: council, From: J.W. Millsge, C.A.D. Re: Draft By-lew to Impose Charges on Trailer $ites The attached by-law has been prepared in accordance with Council ' s instructions at the June 25 , 1996 regular meeting (Resolution No . R96-244 ) . This by-law has been prepared in accordance with the provisions of Section 220. 1 of the Municipal Act. Section 220 . 1 is a new statute created under Ball, 26 which came into effect on January 30 , 1996. Section 220 . 1 ( 2 ) gives a Council broad statutory authority to pass by-laws imposing fees or charges on any class of persons for services or activities provided or done by or on behalf of any municipality . A by-law under this section provides for fees and charges that are in the nature of a direct tax for the purpose of raising revenue including provision for interest charges and penalties, including the payment of collection costs for fees and charges that art due and unpaid . A by-law under section 220. 1 must set out when and what manner the fees and charges are to be paid, the interest charges and other penalties . The by-law must also specify that any fees and charges imposed on a person under section 220 . 1 constitute a debt of the person to the municipality and that such debt if it. remains unpaid is to be transferred to the Tax Collectors Roll and collected in the same manner as regular property taxes. The trailer site charge of $50.00 per year established by this by-law is a charge that is a direct tax for the purpose of raising revenue to assist in the cost of providing such services as roads, waste disposal , fire protection, etc. . This charge is not a trailer camp licence fee provided for by section 236 ( iii ) of the Municipal Act. A trailer camp licence fee 'can only cover the cost of administering ► / q f' trailer park regulations . , =% 3 -f DEC-2e-1996 14:22 FROM TOLINSHIP OF HPRIJEY. TO 15198744948 P.®i/05 bow P P.Q. Box 330 Buck ►orn, Ontari • o L 1JO (705) 657-8883 Fax: (705) 657-9077 Late: ,Q Sent To: `'l '9Luza,441/ For the At tent ion Of: tinikeil c\--1)71 L Re: Fax Nwnber: 1-n9 .2,7 14948 Fran: L/ • ' We are transmitting: 5 pages inclusive. The original of this docunerat will follow by mail: The original of this docunent will follow by courier: Please accept the attached facsimile as w original: if there are any problems, please cap. (705) 657-8883 / r I i f DEC-19-96 THU 03:51 PM A M 0 FAX NO. 4169297574 P. 03 .•11. .."5,11d ILL 14:36 FAX 7uSr.toetzU jyyttGLL [14x.1.+*v - • - H WELL, FL G • BARRISTERS, SOLICITORS, NOTARIES Garry G. Pi&har, Q.C. rse Lar&lined Arm.,Pat K.0013.11101 Donald D. White, B.A., LLB. Tor tri VCO"1w.,,A MalhrtrC411110-011.15 415 Water Street John David Nichols, B.A., LL.B. rot Loa Pam',Dut4 Ku+.Q.c.nrrl•1f6+o P.O. Box 148 Robert B. Pakenharrr, B.A., LL.B. - Peterborough, Ontario L. Jane Rutherford. B.A., LL.B. wp c H.Kamill.v.c.au Canada KW 6Y5 Russell W . Palixu, B.A., L.L.B. cr.sa.Akolambr rte.Q.0. M, John Ewart, B.A., M.A., LL.B. w.r .k Qc.t1aln.e Phone 705-745-1361 Paula F. Armstrong. LL.B. Csellial 6,n:Law sw.xr Al A SrMehr,•t:•n Lxi � Fax 705-745-6220 John A. Bartley, LL.B. PLEASE REFER REPLY TO: ROBERT E. PAKEAM November 5, 1996 Ministry of Municipal Affairs and Housing Office of the Minister 777 Bay Street TORONTO ON M50 2E5 Attend T e Hon rabic A,l Leach Dear Mr. Minister: Re: The Corporation of the Township of Harvey ats Ontario Private Camps round Ass tion We arc the solicitors for the Corporation of the Township of Harvey. Our client enacted By-law B96/46 pursuant to Section 220.1 of The Municipal Act, R.S.O. 1990, c. M45, as amended in order to impose a user fee upon each trailer site within a seasonal trailer park of $50.00 per site. The Township was encouraged in enacting this by-law after reading a letter which you. Mr. Minister, wrote to Mr. John L. Parker; MPP, in which you referenced municipalities now having the ability CO recover costs for servicing seasonal properties pursuant to Section 220.1 of The Municipal Act. The Township of Harvey has just recently been advised by Tim Birmingham, a solicitor with the law firm of Blake Cassels& Graydon.in Toronto, that he has been retained by the Ontario Private Campground Association to challenge By-law B96146. DEC-19-96 THU 03:52 PM A M 0 FAX NO. 4169297574 P. 04 HOWELL) FLEW-01G It is the position of the Campground Association that the by-law ought to be quashed because it allegedly charges fees; a) for services or activities which are not provided or done by the municipality; b) makes charges upon campground operators simply because of their presence in the municipality contrary to subsection 220.1(3); and c) allegedly imposes an indirect rather than a direct tax. It is the Township's position that the by-law in establishing a fee of$50.00 per trailer site does establish a user fee for Township services. In the opinion of the Township Council, there is really little difference between the services which are utilized by seasonal trailer park occupants and by seasonal cottage occupants. Both groups drive cars over Harvey Township roads to their respective recreational properties. Both groups will make use of fire and emergency services. Both groups will make use of waste disposal services. Both groups make use of parks, recreation and library services. A quick review of the figures will reveal that 2,000 traiier sites in the Township generates approximately $30,000,00 in tax revenue. 2,000.00 seasonal dwellings generates approximately $700,000,00 in tax revenues. Yet, as noted above, there is little difference between the services utilized by the trailer sites when compared to the seasonal dwellings. If the basis under which trailer parks were assessed was changed, then there may be no need for a user fee. However, in the absence of a reformed assessment basis, we respectfully submit that user fees are most appropriate. Our purpose in writing to you, Mr. Minister, is to request the assistance of your Legal Department in defending the application to quash which will soon be initiated by the Ontario Private Campground Association: Harvey Township is a small Township with a modest tax base. Yet, the decision arising from this application will, needless to say, be precedent setting throughout the Province of Ontario. As we understand that it was the intention of your Ministry to permit Municipalities to charge user fees for owners and operators of seasonal trailer parks on a per site basis by the enactment of Section 220.1 of The Municipal Act, Harvey Township would certainly appreciate any background information which your Ministry may have to support the appropriateness of our client's By-law B96146. We are enclosing a copy of By-law 1396146 for your assistance We look forward to hearing from your Legal Department at its first opportunity. DEC-19-96 THU 03:53 PM A M 0 FAX NO. 4169297574 P. 05 _ 110WELL, FLEMING - 3 - The writer will be out of the office on vacation from Friday, November 1, 1996 but will return on Monday, November 11th, 1996. Thank you for your anticipated assistance herein. Yours very truly, friel,xoy,11 • . ..spark orctatimi by RFP;Signed in his absence) Enclosure cc: Harvey Township 1-519-422-2844 TOWNSHIP EF MABEL 554 P91 SEP 02 '96 21:44 THE CORPORATION OF THE TOWNSHIP OF AMABEL BY-LAW NUMBER 36-96 Being a By-law to Provide for the Charging of a Fele for Each Tent and Trailer Site Located Within the Township of Amabel WHEREAS Section 220, Subsection 2[a) of the Savings and Restructuring Act, S.O. 1996, provided that by-laws may be passed by Councils of Municipalities for imposing fees or charges on any Class of persons, for services or activities provided or done by or on behalf of it. AND WHEREAS Section 220, Subsection 60b1 and 11 provides the authority for the charging of interest on unpaid balances and for adding any unpaid balance of the fees to the tax roll of the owner. AND WHEREAS tent and trailer camprounds, by their nature, increase the demand for municipal services. AND WHEREAS the increased demand for the said municipal services and activities associated with tent and trailer campgrounds in the Township of Amabel necessitates the imposition of a fee on the owners of such campgrounds. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF ABEL ENACTS AS FOLLOWS: 1 . DEFINITIONS: Fon THE PURPOSE OT Td13 IT-LAX: "Tent and Trailer Site" means that specified area within a licenced tent and trailer campground upon which a trailer, motor home or tent is to be located. "Tent and Trailer Campground" means the municipal approved use of land for the provision of overnight or short term accommodation for tailors, motor homes and tents but not mobile homes and includes services and facilities normally incidental and subordinate to such a use including washroom and bathing facilities, indoor and/or outdoor recreational areas and an entrance kiosk. "Seasonal Camping Site" means any camping site occupied, in any calendar year, for a period of 90 days or longer, regardless of size or structural features. "Owner" means the person or persons disclosed as the registered owner of the land whereon a tent and trailer campground is located. 2. THE Owner of each tent and trailer campground must submit a site plan, by Auquat 31st annually, specifying the number of tent and trailer sites within the campground. Each plan is also to contain the number of seasonal camping sites within the campground. The fee shall be charged to the land owner based on the number of tent and trailer sites and seasonal camping sites within the campground as stated in the site plan. 3. THE Township of Amabel shall have the right to verify the accuracy of the campground site plan filed and shall have the right to visit each campground within the Municipality. 4. THE fee for each tent and trailer site within the Township of Amabel for 1996 shall be: - Seasonal Camping Site $50.00 - All Other Tent'S Trailer Sites 525.00 The said fee payable in 1996 shall be due by December 20th, 1996. 5. (a) THE fee in subsequent years shall be payable as follows: 2nd Friday of June - 50% of the previous year's invoice • 1-519-422-2844 TOWNSHIP OF (*PEEL 554 P02 SEP 02 '96 21:44 2nd Friday of September - Current year's total billing based on submitted site plan less the ,lune payment. (b) 1111E fee for future years shall be tied to the 1996 Township of Amabel Mill Rate for Municipal Purposes (10.537 Mills) . The annual fee for each site shall increase or decrease pro-rata to the Township of Aaabel Mill Rate for Municipal purposes. (C) IF the fees or any portion thereof remain unpaid on their due date, interest at the rate of 1-1/4% will be added and again on the first day of each month thereafter, until the fees are paid in full. (d) IF the tees remain unpaid at December 31st, in the year in which they ware charged and were due, they will be added to the tax roll in the next year, on the real property of the owners. 6. NOTWITHSTANDING any other provisions of this by-law, no fee shall be charged in respect of a trailer/mobile home that is assessed under the Assessment Act, 7. THIS by-law shall come into force and take effect on the passing thereof. READ a FIRST and SECOND time this 28TH day of MAY, 1996. sx -` L .!/ll! sI<co�sta ST osam READ a THIRD time Had FINALLY PASSED this 26TH day of MAY, 1996. MVD ST =CM= ix Crit �`� � ■ - � _ _ - r - • 1-519.422-2844 TOWNSHIP OF AMABEL 966 P02 APR 03 '96 13:26 C4 n r I TOWNSH I P OF AMABEL SEASONAL RECREATION TRAILER NEGOTIATING COMMITTEE MARCH 29 , 1996 , 11 : 00 A.M. The meeting was held at the Sauble Community Centre. IN ATTENDANCE Ken Williams, CAO, Bosanquet Bud Orr, Bosanquet Fred Brierson, Councillor, Normanby Lawrence Copeland, Councillor, Normanby Susan Shannon, Clerk-Treasurer, Normanby Laurie Weppler, Councillor, Normanby Jim Boyle, Reeve, Kinloss Township Leo Murray, Deputy Reeve, Kinloss Township Marcel Gobeil, OPC, Winanne Grant, Clerk-Administrator, Georgian Bay David Parks, Planner, Georgian Bay Ron Ernst, Councillor, Amabel Dick Waugh, Councillor, Amabel Pat Stock, Treasurer, Amabel Bob Hewines, Clerk, Keppel Township Barb Fisher, MPP, Bruce Also in attendance were representatives from various trailer parks, Ministry of Tourism, Toronto and the Reeve and Deputy Reeve of Amabel Township. Chairman Dick Waugh welcomed all those in attendance to the Township of Amabel . All those in attendance were requested to introduce themselves and state what Municipality they represented. Mr. Waugh requested that Ken Williams of Bosanquet Township give a history of what has transpired to date in regards to licencing and/or user fees on trailers and relate to those in attendance what transpired in Toronto on March 19, 1996 when AMe, Ministry representatives and the executive of the 0.P.C.A. met to discuss future strategy. Marcel Gobeil, Executive Director of the 0.P.C.A. outlined what the O.P.C.A. objectives were and where they plan on going from this point forward. Mr. Gobeil stated that they feel a fee should be between $20.00 and $50.00 annually. Pat Stock, Treasurer of Amabel Township outlined to those in attendance Bill 26 and the differences between Sections 236 and 220 and Provincial directives received to date relative to Section 236. Hr. Stock also outlined that presently Bill 26 allows each level of government to levy a fee. As an example the Township of Amabel could levy a $50.00 user fee and the County of Bruce could also set any fee they may see fit. Mr. Gobeil of the 0.P.C.A. felt that it would be very difficult for a camp owner to accept a fee in the middle of a year. He felt that a fee should be implemented mid-year for the following year. Winanne Grant and Dave Parks of Georgian Bay ,Township spoke in regards to their Municipality and how they have not recommended a fee yet. They also spoke about their own situation and the comparison of services to cottages vs. trailers. Bosanquet Township stated that each trailer in their Municipality costs the Municipality $42.00 to $45.00 par unit annually. 1-519-422-2844 TOWNSHIP OF AMAEEL 966 PO3 APR 03 '96 13:27 Representatives of Normanby Township revie 'ed their draft by-law and related their experiences to date. Barb Fisher, MPP for Bruce spoke in regards to her efforts and investigations undertaken relating to this issue. She stated that Bill 26 is flawed and regulations will be forthcoming to correct these flaws. Ms Fisher stated that she would assist in attempting to facilitate a meeting of this group and the Ministry of Municipal Affairs in order to resolve the issue, Marcel Gobeil stated that his Association is preparing a submission to present to A.M.O. on April 19th. Mr. Gobeil also stated that his Association represents owners of campgrounds which have approximately 50,000 trailer sites in the Province. Barb Fisher and Ken Williams both addressed the issue of permanent and seasonal trailer units and the need for appropriate municipal by-laws. Ken Williams offered copies of their Municipal by-laws to any Municipality. Marcel Gobeil brought up the issue of assessment vs. user fees and really what do the Municipalities want? The clear consensus was that assessment would not work as it would create additional workload and increased cost to the trailer owners and to the Municipality. Representatives of Georgian Bay Township stated that they did not have any elected officials present and must be cautious with their comments. They will be presenting the issue to their Council very shortly and expect their Council within approximately three weeks will be well enough educated on the issue to take a stand. The Chairman questioned the possibility of representatives of Bosanquet and Ainabel attending at A.M.O. with the O.P.C.A. on April 19th to present a united front in regards to a) a set fee b) a mandatory fee Provincewide c) assessment of permanent camping units d) only lower tier may levy fee. Barb Fisher stated that the Ministry will listen to Municipal representation as this remains an unresolved issue. She also Btated that A.M.O. 's position is taken very seriously. She suggested that it would be of value from each Municipality to determine their volumes relative to Provincial totals. Marcel Gobeil recommended that 0.P.C.A. will formulate a policy in regards to this issue and circulate to the Municipalities prior to the April 19th A.M.O. meeting, Dick Waugh concluded the meeting by stating that the goal is for each Municipality to determine their own needs and be prepared to have a fee schedule in place by June 30, 1996 and hopefully having the Province on side by this time. Mr. Waugh thanked all those in attendance for their input and felt that we have all achieved an understanding of the issue. The meeting adjourned at 2:15 p.m. 1-519-422-2644 TOWSH IP OF PrABEL 966 P01 PPR 03 '96 13:26 Th. Corporation of the !It- r4111122 r .. TOWNSHIP OF AIVIABEL .,...r.ii.:17, la „ low .BR #1. BAUBLE BAA411..prrrmao NOH 2G0 TELEPHONE (519)422:1551 - - 110313111E(519)4224844 - TELEFAX TRANSMISSION RECORD DATE TRANSMITTED, iN p r • 1 5 . 14 a ,o. TRAliSMIssION To, See a e L : -i- ., . TAX NUMBER' --�� TRIISHISSION PROM: Prig'r L.V - • 940 k , f -ao.SSrrer_ SUSTICT: ro: �ev- riCe+._r+5 " Mc.r4.. vel. tq`'p(p. TOTAL EIMER Ot PAGES TRANSMITTED, INCLUDING THIS ONE, 3 ` CONFIRMATION RE UIRED, YES N0 HARDCOPY F© Oil-Urco YEs NO MESSAGEa ‘70, 0 0lruity k: 'IDS- 1fIDSi -`10 - f —Flay QS taw. AA, _ 1-'16s . 719 ` 5c151 Cseor.rj.,;u,. ' `Twp. 1-IDS-51Z l 95O. ').C1 e 4-C Por" ,EWL4 G(( 1 SI`I - 8l i -4°1`i 8 Twp 4-C g v - '• 1- 1 - 2911 - 5IJ ( w c gore...." b i I_St`s - 494,5 • Qg f. • 'ap cS a f'e J• -T_51 `� - i 9/O. —r...), .1)G,� ,ri ,--ft- . vies- 22_4 ifil T ô- ( .,�' • p�'.�;.,� 1-155eC. i - 511 - 311 - 5 3 I S SENT ITs PAI JUXI =s If you should have any difficulty receiving this total transmission, Please calls (S11)422-1551 Immediately THANK YOU PG qF PORT 80 THE CORPORATION OF THE Cc VILLAGE OF PORT BURWELL ar P. Q. Box 10. Port Burwell,Ontario NOJ ITO s`ii �` + ( sh.1 telephone(519)874-4343 • fax (519) 874-4948 41001.0ftlit t tai 4 'ORTtJS IREFUG\U Memo To: Council From: D. Free Re: By-Law 95-32, Regulate & Licence Trailers Date: June 22, 1995 I have previously identified that there must be new sources of revenues in order to maintain the existing infrastructure, roads and other services as well as to expand the infrastructure to a point which is deemed to be acceptable to the ratepayer. Through previous analysis that I have provided, the municipality has limited revenue sources. Least of all we can afford to have reduced revenues from properties which proportionally do not render the taxes to the municipality that they should, compared to residential properties. To this end By-Law 95-32 is being proposed in order that a licence fee can be collected for the operation of a trailer park. The amount proposed is not the maximum amount and I have attached the Municipal Act section which indicates that there is a maximum amount of$20.00 per site per month which would be a licence fee. I have also attached comparisons of taxes for properties of similar sizes and areas as well as others which are not similar in size and complexity. There is significant discrepancy with regards to these revenue sources. This by-law will unfortunately mean rental increases for an equivalent amount of the licence fee for all the trailers within these areas. However, these residents do have the benefit of using the municipality's infrastructure and at the same time contribute towards the municipality's infrastructure. This does not include user fees (water/sewer) as they are separate. Please review the attached at your earliest possible convenience in order that we may have some opportunity to recover revenues for this year. David Free David R. Free, CET, AMCT(A) • Administrator/Clerk-Treasurer Village of Port Burwell Property Comparison 7 Property Area Property Business Total (in Acres) Taxes Taxes Taxes T. Nesbitt 0.25 $1,304.97 $0.00 $1,304.97 D.Mason 0.92 $1,323.35 $0.00 $1,323.35 C.Alin 0.25 $1,119.55 $68.81 $1,188.36 T.Lena 3.04 $10,548.08 $0.00 $10,548.08 Green Acres 2.57 $3,905.52 $203.99 $4,109.51 Milton Towers 1.11 $17,574.31 $0.00 $17,574.31 PROPCOMP.XLS 1-519-422-2844 TCLINSH I P OF AtIRBEL 514 P01 NOV 08 '95 12:00 s,r f The Corporation of the 06447....r.„ �� _Ir..._' 1 Pr i ,'•.�;wa:44--1•°`°-oi TOWNSHIP OF AMABEL 1011110101- r ILE. #1, SAUELE BEACH, ONTARIO NOH 2GO TELEPHONE (519) 422-155. - FACSIMILE (519) 422-284 TELEFAX TRANSMISSION RECORD DATE TRANSMITTED, tA . $i ok S TRANSMISSION TO: t c„u , cl Fr c FAX NUMBER: t - S \c\ - '3`1 , - 4Q 4t TRANSHISS ION FROM: Pa: Soo c- SUBJECT: _-nc f re -TOTAL NUMBER of PAGES TRANSMITTED, INCLUDING THIS ONE: 12 CONFIRMATION REQUIRED: YES el, HARDCOPY FOLLOW-UP YES MESSAGE St/en ;Ss ;sr it, fi :n ,S111_- r old _ 13 42... L0,) . lcer, prnrri iSPc a- r� p( -rre,ret Mu.n • c, Ac-c ; rS L1 +I.e Ser + r) 6-C i [ 1S,Q . 1 c-34 SENT BY: FAX NUMBER i If you should have any difficulty receiving this total transmission, Please call: (519)422-1551 immediately THANK YOU 1-519-422-2844 TOWNSHIP OF AMABEL 514 P02 NOV 08 '95 12:00 01611 The Corporation of the , • ,:.; .i Mr -,""�• TOWNSHIP OF AMABEL ''Zior" -Rail Ibinisra R.R. 01, SAUBLE BEACH, ONTARIO NOH 2G0 TELEPHONE (519) 422-1551 October 2, 1995 FACSIMILE (519) 422-2844 Barb Fisher, M.P.P. 904 Queen Street Kincardine, Ontario N2.2 2Y2 Dear Barb: As requested by yourself, the Township of Amabel have prepared the attached submission regarding trailer parks in the Municipality. Our hope is that with our submission and that of other interested parties, the ongoing controversy of trailer owner vs. cottage owner will once and for all be set aside one way or another by the Province of Ontario. As the Minister of Municipal Affairs and Housing on August 21, 1995, to the Association of Municipalities of Ontario stated: "we have to work together to sake changes." "we'll have to continue to find new ways of doing business, or ways to get out of businesses we shouldn't be in." As a Municipality, taxation is one of our businesses and for this to be fair and equitable, a change in the taxation of trailer parks as outlined in the attached submission is required. We are prepared as a Municipality to meet with yourself or any Ministry to present our brief or to assist in the discussions which will ensure and hopefully end in the Province of Ontario preparing and ultimately passing the required legislation to licence certain trailers in seasonal trailer parks. Thanking you for the opportunity to be able to present our brief, we remain Yours very truly, . �. c=? lik .n.- Patrick J. Stock Treasurer Township of Amabei ikk encl. 1-519-422-2844 TOWNSHIP CF AMpBEL 514 P03 NOU 06 '95 12:01 TOWNSHIP or AMAREL SUBMISSION TO MINISTRY OF MUNICIPAL AFFAIRS PROVINCE OF ONTARIO CONCERNING TRAILER PARKS BACKGROUND The Township of Ameba' has approximately 3,000 tent and trailer sites within the Municipality. Approximately 2,000 of these sites are occupied on essentially a permanent basis year round. The permanency is evidenced by the fact that very few of the trailers have current licence plates and that a large number of them have poured concrete patios and additions, either expand() or otherwise attached to them. The use made of these units is the same as that made of any cottage dwelling in the area. Trailers do have a very limited use in the winter months, if any, while some units have been winterized and do experience some extra winter use. There are approximately 2,000 cottages, which numbers show that the uses within the Township cottage units and trailer units is very similar. CONCERNS The Council of the Township of Amabel, by majority, recognizes the importances of the campgrounds on the economy of Sauble and Amabel and the part that this specialized community contributes to the Municipality as a whole. There has been continuing controversy over what the campgrounds contribute financially to the Municipal funding. The hope of the Council of the Township of Amabel is that this Municipality should not, in two and a half years time, face another election campaign focused on the campground question. Thus, the need for expedience. ASSUMPTIONS It is assumed that all Aaabel populations, (campgrounds, cottagers, permanent, and non-permanent) use what the community of Sauble Beach has been very progressive in establishing and maintaining; such facilities as a Community Centre, tennis courts, ball diamond, library, launbowling facilities, nature trails, community-public school and other amenities. The Township of Amabel maintains and operates a beach park of approximately 3 miles in length, which beach is known as one of the finest sand beaches in North America. Within the beach park, there are four washrooms, change room facilities and parking areas which are maintained, supplied and operated by the Municipality, and funded from property taxation. Further, all population groups use the Township of Amabel Municipal Law Enformcent Department, Fire Department, recreation programs, etc. along with other expected Municipal responsibilities. Admittedly, the cottage owners receive Municipal services right at the door step while there are no Township generated Municipal services provided internally to the campgrounds except fire emergency and first reapoos* (medical aid). 1-519-422-2844 TOWNSHIP CF AMPBEL 514 PO4 NOV 08 '95 12:01 ECONOMIC REALITIES A conservative estimate of the taxes related to the average recreational dwelling results in a total tax bill of 31,200, of which 3276 remains with the Township of Asabel. A trailer or camp located on a campsite generates a maximum, (the assessment figures include all capital improvements such as convenience stores, maintenance and washroom buildings, indoor pools and caretakers residence if applicable) of 312 to $15 per site for the Municipality. OPTIONS AND SOLUTIONS Allan McLean, M.P.P. Riscoe East, in correspondence dated November 18th, 1994, wrote from his official position as the P.C. Caucus Critic for Municipal Affairs (Rural) that a former P.C. provincial government had proposed the following solution: "A mandatory 350.00 Municipal fee, indexed on an annual basis to keep pace with inflation for each seasonal camper unit located in a campground offering seasonal camping, regardless of location in the Province of Ontario, with the onus on the campground owner (private operated, Municipality, Conservation Authority) to collect the fee from seasoned camper and remit it to the Municipality." In the foregoing, seasonal camping units were defined as units which occupy a campsite for an uninterrupted period of more than 90 days. A memo dated August 14th, 1990, addressed to the Township of Asabel Council from its Treasurer addresses licencing versus assessment - trailers. The issue of assessment versus licencing was also addressed by the Fair Tax Commission. A recommendation put forward by the Property Tax Working Group recommended that recreational trailers located on a site for more than 90 days be considered permanent and be assessed and taxed on the same basis as cottage and residential property. Representatives of the Trailer Park Operators and of various Municipalities urged the Fair Tax Commission to support the recommendations of an inner ministerial committee of the provincial government as described in the working group report and to reject the working group's recommendation. This approach called for the introduction of an annual permanent fee for all mobile trailers located in campgrounds for mare than 90 days and occupied by persons who have a principal residence elsewhere. Amabel believes a fair approach to the taxation of recreational vehicles and trailers must distinguish between transient and temporary use and between temporary and permanent use. Amabel feels that a review of the attached documentation will demonstrate that an alternative to assessment and taxation, would be a flat fee. What must be recognized is that the fee applied to seasonal and recreational residents of trailer parks should be commensurate with that paid for similar Municipal services as other seasonal residents, recognising that some are more direct for cottage properties. 1-519-422-2644 TOI.NJSH I P OF DIEL 314 P05 Nov oe '95 12:02 If assessment is adopted in place of a licence fee, the matter of trailer's depreciating value must be addressed. The Municipality does not have the manpower, nor does the local Assessment Offices to carry out Section 442 reassessments on an annual basis. RECOMMENDATION The Township of Amabel request that the Province of Ontario initiate a $50.00 fee per site. This fee would be collected from the campground operator. Correspondence is attached fro■ the Ontario Private Campground Owners Association addressed to Patrick J. Stock, Treasurer-Tax Collector, Township of Aaabel and Mr. Kenneth J. Williams, Chief Administrative Officer, Township of Bosanquet, dated August 19, 1994 which states: "O.P.C.A. would support a permit fee at a reasonable level only if it were part of a comprehensive agreement. This agreement Aust address our concerns involving assessment, taxation, lot licencing, universal application, payments direct to local Municipalities, adequate process and controls and cap on future increases." This letter continues: "The matter still festers because we cannot get the Provincial Government to act." The recommendation of the Fair Tax Commission in part reads as follows; "All recreational vehicles and trailers located in a campground or trailer park for a period of more than 00 days should be subject to a flat fee for each month of occupancy. The fee should be established by the Provincial Government to approximate Municipal taxes that would be applicable to the structure if it were a permanent dwelling, converted to a monthly payment. Fees would be collected by campground or trailer park operators and remitted to the local Municipality or, in an unorganized territory, the local Roads Board." SUPPORTING DOCUMENTATION Attached is a trailer permit fee proposal prepared by the Township of Sosaaquet. The Township of Aaabel supports this proposal in principle but would refine the definition of "permanent units". Future discussions regarding the definition of a trailer might further clarify the difference between permanent and seasonal and should also address the difference between the seasonal trailer and a mobile hone. 1-519-422-2844 TOWNSHIP OF AMADEL. 514 P06 Na) oe '95 12:02 We have also attached copies of resolutions which were passed by the Association of Municipalities of Ontario in August of this year and also supported by various Municipal associations. The Township of Asabel fully support both of these resolutions, one being entitled "Trailer/Lot Licencing" and the other "Assessment-Mobile Hoses". The Corporation of the Village of Port Burwell PO Box 10 21 Pitt Street Port Burwell ON NO) ITO BY-LAW 95-32 Being a by-law to regulate and license trailers and trailer camps within Village of Port Burwell. WHEREAS section 236 paragraph 15 of the Municipal Act, R.S.O 1990, c. M.45 as amended gives Council the powers to pass bylaws as follows; 15. For licensing, regulating and governing tourist camps, trailer camps and motels. Definitions (a) In this paragraph, "tourist camp" includes auto camp and any parcel of land or premises equipped with cabins used or maintained for the accommodation of the public, and any parcel of land or premises used or maintained as a camping or parking ground for the public whether or not a fee or charge is paid or made for the rental or use thereof; "trailer camp" means land in or uponwhich any vehicle, so constructed that it is suitable for being attached to a motor vehicle for the purpose of being drawn or propelled by the motor vehicle, is placed, located, kept or maintained, even if the vehicle is jacked-up or its running gear is removed, but not including any vehicle unless it is used for the living, sleeping or eating accommodation of persons therein. (b) Any by-law passed under this paragraph may, among other things, i. require trailer camps to be divided into lots, each to be made 1 available for the occupancy of one trailer, ii. provide for the issue of licences for a period of one month or longer to the owner of a trailer camp for each such lot to be made available by such owner for the occupancy of a trailer during the currency of a licence and prohibit the use of any lots for the occupancy of trailers without a licence therefor, iii. require a licence fee of not more than$20 per month payable by the owner of a trailer camp for each such lot and require fees to be paid in advance, except that where a lot is to be made available only for temporary occupancy by persons who continue to maintain elsewhere a usual or normal place of residence or for occupancy by a trailer that is assessed under the Assessment Act, no licence fee shall be charged. AND WHEREAS the council deems it expedient and fair to license trailers and trailer camps towards maintaining the municipal infrastructure. NOW THEREFORE, the Council of the Corporation of the Village of Port Burwell enacts as follows; 1. That all trailer camps within the Village of Port Burwell are required to pay a license fee as prescribed in Schedule"A"forming part of this bylaw. 2. All trailer camp operators are required to submit on a monthly basis for the approval of the Administrator/Clerk-Treasurer a site plan of the camp sites occupied within the trailer park. 3. h Su a detailed site plan identifying all infrastructure (electrical, water, sewer lines) including storm drains, fire routes, emergency routes. 4. All trailer camp operators are required to submit accurate site plans to the Administrator/Clerk-Treasurer updates of the plans from time to time when any changes to items as described in section 3. forming the bylaw. 2 Read a first and second time this 14th day of November, 1995. Reeve Administrator/Clerk-Treasurer Read a third and final time this 14th day of November, 1995. Reeve Ad ministrator/Clerk-Treasurer • •3 Schedule "A" The greater cost of the following; 1. A charge of$10.00 per trailer per month; 2. A charge of$0.50 per day if occupancy is less than 15 days; 3. Failure to report occupancy accurately will result in a flat fee penalty of$20.00 per month regardless of time occupying site. 4 4 QF PORT 8V 44. tTHE CORPORATION OF THE allik,-01111k VILLAGE OF PORT BURWELL `*�• PO.Box 10,Port Burwell,Ontario NO) I TO `-+ telephone(519)874-4343 • fax (519)874-4948 sgiboa,‘jilrop.110 °ORTUS, REFUGIA* Memo Date: March 7, 1996 To: Council From: D. Free Re: Trailer Park License Fees Draft Bylaw 95-32 Council: I have previously advised Council with regards to the above said bylaw which would impose a license fee on trailer park users within the municipality. Based on the further dialogue with the coalition of municipalities (Township of Amable, Township of Bruce,Town of Southampton, etc.) a meeting has been established for March 29, 1996. A fax memo is to confirm this meeting which is anticipated to be recieved in our offices during the week of March 11, 1996. Councillors are invited to attend this meeting. I shall keep Council appraised of tthe progress and results of the meetings in these matter. 01(i ee 1 David R.Free,CET AMCT• Administrator/Cleric-Treasurer ■ 1-519-422-2844 TOLNE4-1 I P OF fid' BEL 514 P07 NOU 08 '95 12:03 • d ®� u CoidrirAoe�talkR JP.O-8 WOE Eat CONTrillaCr CHO& oin1.kk dU .o roLSVB5t (705)/2154246 onoet� TillLE ,ATI SA ELY 3rd- 7 23110 St, Pinilniiimai.Ole* ALCM MAK Y.P.P. Lott II November 18„ 1994. lTim „,...,r,,, coat:Elm11 -- ArttabelTownship. Dear Mr.Simpson . This is to aclmow1e d;a your phone enquiry of ley,November 17, 1994. As the PC Caucus Cddc for Municipal Affairs(Rural,I want to assure you I share the view of and earnersregarding seasonal cunper These visitors do not bear them f share of the local mnrzi� al tae burden. f Seasonal trader residents do not cr a rerndy contribute towaxds the cost of providing municipal services,even though they often reside in their urdts for several months of the year. A farmer PC provincial government had proposed the following solution: Seasonal Canner Licensing; A man&0ty$50�fee.indexed on an annual basis to keep pace with inflation for each=smog camper unit in a campground offering seasonal camping,regardless of location within the province with the onus on the cunpgroand owner(private operator.municipality,conservation anthtaity)to caned the fee from season camper and remit it to the municipality. In the ease of an tmorgsniaed recirory.to the rmuurer of Ontario. "Seasonal Camper Units'"which attract this municipal fee can be easily defined as 'units which occupy a campsite for an unmrrzrupted primed of more than 90 days'and need not be defined by type of unix. M ipaliats,or in the case of unorganized territories,the Minister of Municipal Affairs would withdraw/withhold a campground license where the operator does not colleoriremit the municipal fees. This pro, . -`en which was aimed at manly the dispute between nicipalitux and private Pgrounds. r s r -. to hthe zoo:prance of all rnl parries�rr�ned,but was never aenx1 ttpon by sucCesSiVe Lilbccai NDP governments. My thanks for taking the dune make your views know and for allowing me the opportunity to explain my poshon on this sraloas situation. 4 - 41-14 -klif' 4,1 . Le, - . M.P.P. 1-519-422-2844 TOtk H 1 P OF AMABEL 514 P08 ND() 08 '95 12.03 P4 F P4 DR A ND U P4 Cil-t'DEAITIAL August 14, 1990 TO: Township of Amabel Council FROM: Patrick J. Stock, Treasurer L�canG:,�y SUBJECT: Trailers #Ae�ea*tMrtute ut vs. Assessment) Earlier this spring, the Province announced that Trailers which occupy a lot in a Trailer Park by the season wou l d pay up to $50.00 each to the l oca l Municipality. This fee would be collected and remitted to the Municipality by the Trailer Park owner. Very simple and little administration fees for the Municipality. Through our By-law Officer, we would be able to monitor and verify the number of seasonal trailers In each park. Now for whatever reason, the Province through the Ministry of Revenue have decided to assess and tax these seasonal trailers. If the average trailer cost is $20,000 -- $30,000, then total tax is somewhere between $160.00 and $240.00. The Township's share of this would be $40.00 to $60.00, depending on the value. We must also keep in mind that trailers depreciate in value as compared to other recreational properties which tend to appreciate annually. In order to collect this $40.00 to $60.00 (Township share) we must issue tax bills, arrears notices, etc. We could be increasing our tax roll by 33%. There would definitely be a cost to the Township of Amabel (staff, supplies, postage, etc. ). The Ministry of Revenue, Assessment Division, would need to put a great deal of effort into locating all of these units on an annual basis. If any of these units were removed from the Trailer Park, a Section 496 (Tax Cancellation Foam) would have to be filled out and manually completed within this office. If the Trailer Park owners move the trailers to a different location during the winter months, we would have to increase staff as each of these forms is a manual operation and ultimately result in decreased revenues (possibly cut in half) to the Township. I believe that assessing of trailers would also give each owner the franchise to vote In the Municipal election. Your voters list could increase by 50% if the owner and spouse were included. When I sat on the Committee in Toronto, studying licencing vs. assessment, all parties agreed that the licence was the only viable option available. We cannot figure out where the push for assessment has come from. I firmly believe that assessing of trailers will cause relations between the Municipality and Trailer Park owner to deteriorate, cost the Municipality money through ektre costs Incurred due to trailers moving, etc. , vs the licencing option and what do occupants of trailers contribute financially to the commercial viability of a community? Will an extra $200.00 plus mean that there could be mess trailers in the future? I don't have the answer to this. 1-519-422-2844 TCM SHIP OF AMABEL 514 P09 MOU 08 '95 12:04 2 In my opinion the licencing option was much better forth* Municipality. Trailer homes as defined in the Assessment Act were to be assessed and seasonal units were to be subject to the licence fie. After wading the foregoing, Council may wish to pass a resolution of some sort petitioning the Province of Ontario to rethink their options and possibly change their present course of action. /kk 514 Pie NOU 06 '95 12:04 4 TOWNSHIP OF A' WL '( p1 1-519-422-2 _ 40 fhrlrmily A ssRrrr, See: 1116 �] 1 ` o Tommie, Oxii io, M5.1111 'Q) 119 �. ,.-•.. Tad (416) m-o434 „ .y • acit '' a'' Fax: (416) 077.3199 C.>>31 August 19, 1994 Mr. Patrick L Stock Mr. Kenneth 1. Williams Treasurer, Tax-Collector Chief Administrative Officer Township of Amabel Township of Bosanquet R.R. #1 3 Louisa Street, P.O. Box 269 Sauble Beach, ON NOH 2GO Thedford, ON NOM 2N0 Dear Sirs: There have been recent articles in the press referring to a possible permit fee for seasonal trailers and campgrounds. Representatives of OPCA met with you in March to determine if there was common ground in our desire to reach a settlement of this long outstanding issue. The position of our Association remains unchanged. We would like to see an early settlement. However, comments reported in the newspapers suggesting the terms of an agreement are incorrect. OPCA would support a permit fee at a reasonable level only if it were part of a comprehensive agreement. This agreement must address our concerns involving assessment, taxation, lot licensing, universal application, payments direct to local municipalities, adequate process and controls and a cap on future increases. It is unfortunate, but it would appear that the co-operative approach made to attempt to resolve a problem has been used to attempt to create more problems. As you are aware, there has been outstanding now for some six years, a settlement proposal accepted by all members of an inter-ministerial committee dealing with the problem. The matter still festers because we cannot get the Provincial. Government to act. I think all of us in attendance at our informal discussion strongly believe the matter can be settled by negotiations. We repeat our position remains unchanged from our position at the end of our meeting. We sincerely hope that erroneous news stories and statements made by individuals on their own behalf and not on behalf of OPCA will not destroy our ability to reach a negotiated solution. Yours very y. L7 FG1md PER: FRED GRAY cc - Reeve, Township of Amabel Managing Director Reeve, Township of&rsanqueet - Sic. !y % % tiftencet r€tate/7 i,it el4 ties enlatso 1-519-422-2644 TObll+SH I P OF AMABc1. 514 P11 NOU 08 '95 12:04 T:."41 ;f Sosanc net - is ma'::'+ F I, Ya:arb♦r TE.-04i[ �►.z Pts z E rROPOSAL The following summarizes a proposal for an annual trailer permit fee to be levied Province Wide. This proposal cones about ae a result of many years of ongoing discussions and recent meetings with the Ontario Private Campground Association (OPCA) , the Township of Anabel and the Town of Bosanquet. This proposal incorporates many of the recommendations of a 1992 Ministry of Municipal Affairs information paper entitled "Assessment or Licensing of Seasonal Trailers" Definitions: The following definitions shall apply: a. "Campground" shall mean land in or upon which more than one trailer is placed, kept or maintained, even if the vehicle is jacked-up or its running gear is removed including but not limited to trailer parrs, conservation authority parks, municipal parks, provincial parks and lands owned, operated or maintained by clubs, associations or organizations. b. "Trailer" shall mean any vehicle so constructed that it is suitable for being attached tc a motor vehicle for the purpose of being drawn or propelled by the motor vehicle, even if the vehicle is jacked-up or its sunning gear is removed, but not including any vehicle unless it used for the living, sleeping or eating ac.or.iodation of persons therein. c. "Seasonal Rental Agreement" shall mean any agreement entered into between an individual aid a campground owner or operator the term of ,obi eh extends beyond one month. 4 d. "Seasonal Camping Unit" shall mean any "trailer" .. alocated in a "campground" in any calendar year for a period exceeding ninety (90) days or for which a "Seasonal Rental Agreement" ex sts.-ill1--' hica th. tacmaaitrarrrt maintai• - - - - in s. "Pe '� nen • Cam. ng U it" holy me an tr ler ho ocu-' n d. , s of 1 in n - ,ri ft'p• r ►.e a raw : a. w , c grope t, • r a- s- o -ss 1 . . Clauses: 1. An annual permit fee would be charged for each "Seasonal. Camping Unit* in a municipality or unorganized territory in the Province of Ontario. 2. "Permanent Camping units" would he assessed for and subject to property taxation. 1-519-422-2844 TOWNSHIP CF APIABEL 514 P 12 NCO 08 '95 12:05 3 . identification of seasonal or permanent camping units would be based on a statutory declaration, in prescribed format, filed by an occupant at the time of registration of occupancy, or once the term that the camping unit is located in a campground makes it. a "Seasonal Camping Unit" or "Permanent Camping Unit" . 3 . 1 Where the statutory declaration indicates that the unit is a "Seazonal Camping Unit", then the annual permit fee will be payable. 3 . 2 Where the statutory declaration indicates that the unit is a "Permanent Camping Unit", then the unit will be assessed for property trues and the annual permit fee will not apply. 4. The annual permit fee shall be set by Provincial regulation initially at $ 50 per year. The prescribed fee will be adjusted once in every five year period by the cumulative consumer price change over that same five year period. S . The annual permit fes, where applicable, shall be imposed upon and payable by each trailer owner or occupant. upon payment, a permit "sticker" will be issued and affixed to the camping unit in a location where it is visible from and facing towards the campground roadway (generally the front window) . Stickers shall be transparent, with the year imprinted on them and shall be pre-numbered. 5 . 1 There shall be only one current, valid sticker required Province wide, per seasonal trailer per year. 5 . 2 Only one ( 1 ) annual permit fee shall be imposed per year per trailer. Therefore, occupants of camping units transferring to a new campground shall not be required to pay an additional permit fee as long as the unit displays a current, valid pernit sticker. 6. Municipalities will not be required to share permit fee revenues with upper tier municipalities or school boards. 7 . Each campground operator will be required to: 7. 1 obtain from the local municipality a supply of statutory declaration forms and permit stickers prior to 31 July of each year for the following calendar year. Permit stickers shall be pre-numbered and campground owners shall be held responsible for the issuance, safeguarding and accounting for all stickers issued to them. 7 . 2 Ensure that all "seasonal camping units" display a current, valid permit sticker and ensure that all camp users complete the 'statutory declaration" referred to in point 3 above. 1-519-422-2844 TOWNSHIP OF AMABEL 514 P13 NOU 08 '95 12:05 7 . 3 Collect tri applicable permit fee from each ''seasonal camping unit" occupant or owner and remit payments to the nunLcipality as per 8 below. 7 . 4 Prepare a reconciliation aa at 30 September of each year, in pres._r•ibed format, of permanent and seasonal carping units . This reconciliation and any non issued permit stickers shall be submitted to the municipality on or before 15 November of each year. 7 . 5 The campground owner/operator will have an agency relationship with the local municipality similar to retailers collecting Provincial Sales Tax on behalf of the Provincial government and is entitled to an "agency fee of S 5.00 per permit issued and remitted to the municipality. The prescribed agency fee will be adjusted once in every five year period by the cumulative consumer price change over that sane five year period. 8 Percent of permit fees, less agency fees, collected by the campground owner;operator shall be made to the municipality no later than 1$ November of each year. Permit fees will be treated as general revenues of the recipient local municipality. 8 . 1 Failure to remit permit fees collected by 15 November will result in penalties and interest being assessed to the campground owner. Penalties and interest charged will be the same as permitted by the Municipal Act on property taxes. 8 . 2 Failure to remit permit fees collected by 31 December of any year will lead to the amount due being added to the campground owners property tax account and treated thereafter in a manner similar to that applied to property taxes. 9. The local municipality shall have the right to verify the accuracy of reconciliations filed and shall have the right to visit each campground within its jurisdiction and prepare an inventory of camping units located within the campground for an extended period of time. 10 . The effective date for implementation is 1 January 1996. 1-519-422-2844 T04NSH I P OF AMPBEL 514 P14 NOK) 08 '95 12:06 St4utoa Dccl.a ation S.te number: SEASONAL: I • (P4001 , hereby dRclare that I maintain i principal residence at Laddres:J -- upon which property tares are assessed or assessable and that my camping unit located in (carpgriucd naxej is for seasonal use only. Signed by: Witnessed by: - -- - Date PERMANENT: I . _ Lie) , hereby declare that my camping unit located in g -cued Awe) is my permanent rtzidence. Signed by; witnessed by: Date Flees. answer_ the fQUQwisg auestione s 1 . Is this camping unit being transferred from another campground in Ontario (Yes or No) ? --- - ( If "Yes" then complete number 2) 2 . Have you previously paid the permit fee for the current year ? (Yea or No) ? (If '"Yes' then complete number 3) 3 . Permit sticker Number : _ • 1-519-422-2844 TOLNSHIP OF RMABEL 514 P15 NOV 08 '95 12:0? MLCOLCIltiiiTION gE r4tI4Plii_Q UNITS Part A: Reconcilietioa of Permit stickers issued to Campground: Number of permit stickers issued to Owner/Operator; Number of seasonel permits issued Number of permit stickers returned to Municipality: Part 8: Reconciliation of Permit Tee Revenue: Seasonal Permits issued (from above) • Annual See . $ 50.00 Total collected (number issued x annual fee) • Less: Agency fees (number issued x $ 5.00) Remittance due (Total less agency fees) i'.irt C: Declaration summary: Seasonal declarations: Total number submitted = Less: Trailers transferred into campground with valid current permit stickers issued from another jurisdiction • New seasonal declarations (equals seasonal permits issued per Part B) • .�� Permanent Trailers on site Part n: Campground owner information and declarations Campground name: Municipality : Prepared by • Data : I hereby declare that to the best of my knowledge and belief, the information contained herein is accurate and coaplete. Signature: 1-519--422-2844 TOWNSH I P OF AMABEL 514 P16 NIX 0Q '95 12:0'2 rtzrim #r * CoTRvss1O/'+ R,G[prn+ tt a r,.3 r,�J'c'' t rob► 40 Pr 1++tn0.D PASSING TAX SAVINGS THROUGH TO TENANTS De-c-- tta t 6‘3' (S3) • Residential tenants should be made aware of the sssmcnt and corresponding property taxes that apply to tete property they occupy and that are reflected in • their rem. Municipalities should be required to send property tax notion to all tuts, informing than of all taxes applicable to their units. ▪ .Administrative mechanisms should be developed to ensure that landlords are able to pass on increases in property tax and that tenants receive full credit in their rests for any reductions in property tax that result from reform of heal government financing. ■ Local government finance reforms affecting residential rental property should not be implemented until such a mechanism has been developed. RECREATIONAL VEHCLES AND TRAILERS (8#) ■ All recreztiotial vehicle and trailers located in a ampground or trailer park for a period of more than 30 days should be subject to a flat fee for each month of occupancy. • The fee should be established by the provincial government to approximate municipal taxes that would be applicable to the structure if it were a ;ermined dwelling, ooavexted t© a monthly amount. e Foes would be collected by campgrotmd or trailer park operators and remitted to the kcal municipality icipaiity or, in =organized territory, the local roads bard.. RENTAL VALUE FOR ASSESSING NON-RESIDENTIAL PROPERTIES (83) • Non-residential property should be assessed on the basis of the rental value of the property the price that would be paid for property of that class and type for the right to employ the property in its current use. STATUTORY ASSESSMENT RATES FOR UNIQUE PROPERTIES (36) • • Statutory asst ram should apply to nos-tial properties whom value in curnmt use is difficult to Vie.. 3 514 P17 hIDU 08 '95 12:@7 1-519-422-2844 Tp1,N5HIP i L • 19 fitGEN 95.085 From: Township of Perry 1. i• r r . . r + w I r #0014411,1241.,:. f +i rr t 1.r rs ar.j f r r 7 :i 41 +;r _�.. ra.-• 4 , ,..�. iir.+rt . ! _,i.Si r, "� �"� ifi " -a.rr • :J.,y:' `+ '1,”":"1" !' fl •r u► .r, .r. 4 r.. i►: •. WHEREAS Ontario municipalities have been seeking clearer legislation regarding trailer licensing: WHEREAS assessment, lot licensing or permit fees have been a long standing issue between campground owners and municipalities; THEREFORE BE IT RESOLVED that AMO petition the Government of Ontario to ed with new legislation whereby a municipality would receive funds in lieu of taxes or cense fees for trailers within their municipality, FURTHER BE IT RESOLVED that the provincial government be urged to expedite legislation which would require owners of units in campgrounds to pay an annual fee to owners/operators of the campgrounds and that this fee be remitted to the municipality on qDan annual basis for each unit. Resolutions Committee Recommended. 1995 Rural Section 166d-term Recommendetion'Support, iherliirmiftry Isfamorlow The current legislation in the Municipal Act allowing for the license fees are rarely collectible due to the fact that Section 236(15)(iii)'Temporary occupancy by persons who continue to maintain elsewhere a usual or normal place of residence' exempts these persons from licensing. The inequity dearly exists because Section Z',6(15( i)) does not include cottagers who also reside elsewhere. Seasonal trailer units remain in a campground on i' iertmaner a year round basis and the owners of these units utilize municipal facilities such as roads, disposal sites, and fire protection services during their 'season% it is unfair that`seasonal cougars` are required to pay taxes (fees) for these same municipal facilities.- The Township of Percy is aware that there is Dew legislation being considered whereby seasonal trailer units will be levied a type of fee payable directly to the municipality. This legislation was being considered some three years ago with no apparent resolution in sight C AdoPted Par Defeated uri�aar 9.f - 1-519-422-21344 TOLNSHIP OF AMAIN 514 P18 NOV 08 '95 12:08 Ir.lififii, 1 FIN r 95.006 From; Town of Flamborough I ad .•. +.2 � +�te�:1 iL ►.: *; J -�° 3 s• a. i ;o ' . • N�..as`yy a��.i{+�t0r1 ';° am �r�� T t.„ °j4 . r• v� .5. i a. ` �.s! ! f2flmin ...... E + ° 5 ! !lr `+i . jej # ai�;4,— �Y ° 1, WHEREA.S present legislation allows for the assessrtlent of all mobile homes that have a # degree of permanency; and r WHEREAS the courts have established that a mobile home is a 'structure' within the meaning of land' under Ch..k31 see 1(d)RSO 1990 of the Asse wnau Act and therefore is ,assessable; and WHEREAS current policy is, under the direction from the Ministry of Finance, to only assess those mobile homes with a minimum size of 2.6a wide a 1 i m long; and 0WHEREAS the Assessment Program Policy states that smaller units may be licensed for road travel, hut may be assessed if permanently located; THEREFORE BE IT RESOLVED that AMO petitions the Ministry of Finance to direct assessment staff to assess all mobile homes as defined in the Assessment Act, for the purpose of collecting equitable municipal taxes. • Resautions Committee m Recommended. 1995 Rural Section Ammar M Support 1995 Small Urban Section Amoral flea Support. County Section Fieativa Support. FONOM/NOMA Sections Executive Recommendation; Support. Itsosommissoisnoweem Aama-4 A4'leaf,' 'mai pwpsi ani'hail aarw'M ireLr.rl at obi laelrtfat,satyr SWUM 1(1).a, - as ray Mn at my 1ail`r&a.i i/a4rmw.ciactissey..le f;.q...~ail or piltml ups,i.,sum oder or dla Oar trot tla amen haat mot No/rids visibler as apt s Out aitaelma.or Sabin lead it eat at is auric m act tic artaelara art!rain pleas vpm ilia leaf paw at PI&dr Medea d ptomaines, is liia alma. tea me at'tilt Moedaa at parmaaara.r.ad io frees is at Moir et ea mils lama mild to true!. MINIM Mitt walk Nmol*Y rmtaei aei Mara at Pyr an etteJ_j IMI alM aeematloi M.WOW MI IMO bar eaat tar ammo W Immo 1a.rr.wt'aaaawaea at oil p>pagr at toot is star as aaas pt la cos __Ilea+.ii die iaiaaeiae ale iewlei doral than ear linea i iemlua.(4+Ddb ea Ow Amman*:Aat l t) AdoPted ` —al ..t— PORI- "'"0"-A111. 1# r THE CORPORATION OF THE AWS _:rir • VILLAGE OF PORT BURWELL P.O.Box 10,Port Burwell.Ontario NO) I TO dia =isftelephone (5I9) 874-4343 • fax (5i9) 874-4948 asli0; 1064 4.0 4 'ORrus HEFuGluo Memo Date: February 27, 1996 To: Council From: D. Free Re: Trailer Park License Fees Bylaw 95-32 Council: I have previously advised Council with regards to the attached bylaw which would impose a license fee on trailer park users within the municipality. This license fee would ensure that trailer park users would be paying fairly and equally (compared to residential land owners) instead of paying nothing. I have, on be lalf of Port Burwell joined a coalition of municipalities (Township of Amable, Township of Bruce, Town of Southampton, just to name a few) which will be initially issuing licenses on a phase in basis starting at$50.00 per month and estimated to reach$150.00 per month within a 3 year period. These are fees which other muncipalities are confortable levying and have a relationship with residential taxation vise vie the Assessment Act. Concern does exist with regard to allowing a period of time for trailer park users to adjust to a new system of revenue generation. Although the license is on a trailer - trailer basis, the owner of the lands are responsible for the payment of the monies in a manner suitable to the municipality. As part of the process the protection of the people within the park is facilitated with the reconfiguration of the site to permit emergency vehicle access ( fire trucks, police, ambulance, etc.) 1 David R.Free,CET AMCT • Administrator/Clerk-Treasurer I had asked Ed Roloson to ptewide the effects of the bylaw anal his memo is attached for your perusal with respect to this matter. It seems that a bylaw as per the attached will render approximately $34,000 in license fees ( based on intially $50.00 per month per trailer). These monies will not have to be shared with the County or School Boards and will assist in softening the effects Provincial cuts and the municipal maintenance issues. In the matter of other municipalities, I shall keep Council appraised of the progress and results of the meetings in these matter. 'Al . . ree ncls i 2 �G�o POAr 8 4, t F THE CORPORATION OF THE sisieiaVILLAGE OF PORT BL RWELL P.O.Box 10,Port Burwell.Ontario NOJ ITO 21ftilli4 0` telephone (519) 874-4343 • Fax (519) 874-4948 ‘111elk es.=0 Ago P°PTUS REFUGIUM MEMO To: David Free From: Ed Roloson Date: February 26, 1996 Re: The number of trailers/trailer sites within the Village. Please be advised that Green Acres trailer park currently has 47 trailers located within the park and appears as if it is full. Big Otter Marina on the other hand currently has 20 trailers located within the park area with room to hold 30 more trailers of which are fully serviced sites ( water, sewer, hydro ). Bradcranx Marina currently has 1 trailer located on site. Yours truly LC/ /e164"/ - Ed Roloson Chief Building Official By-Law Enforcement Officer David R.Free.CET.AMCT • Administrator/Clerk-Treasurer ' z_z . .CO7007.- r ./v /071 r. Cif7Crik 7 C'iec z-f54(biciff--#1 Z.// 4:0.4, e57. 7.,er 00-1-e ferieet ,> #09-'--11" 1 1 I • i 4 i • C , f • • 1 ; + 1 1 r Port Burwell By o Laws fir .44111111ii 1141.11 . By-Laws # 95 - 33 - 95 - 46 1995 The Corporation of the Village of Port Burwell PQ Box 10 21 Pitt Street Port Burwell ON NOJ 1TO By-Law 95-33 Being a by-law to appoint a Weed Inspector. WHEREAS the Weed Control Act, 1988, C.W. 5, R.S.O. 1990 as amended to O.Reg 531/88 authorize the appointment of a Municipal Weed Inspector. THEREFORE the Council of the Village of Port Burwell enacts as follows; THAT Kevin Bradfield is appointed Weed Inspector for the Village of Port Burwell to carry out the duties as required by the said act. THAT this by-law shall remain in effect from year to year unless repealed or otherwise amended by Council. - THAT any by-law not consistent with the provisions of this by-law be and is hereby repealed. 1 Read a first and second time this 19th day of June, 1995. Alre' .41 Re- T Ai 4 el Ad n as r/Clerk-Treasurer Read a third . final tiro this 19th day of June, 1995. / Lf.voiff- Re= e Ad 1: >or/Clerlx-Treasurer 2 PORT q THE CORPORATION OF THE 011111'bN VILLAGE O F PORT B U RWE LL �.+ P. 0, Box 10, Port Burwell,Ontario NO) ITO 4.e { telephone(519) 874-4343 • fax(519)874-4948 44.0=%ftlik °14emil".11.1 4.° FOWL'S REFI O° Memo To: Council From: D. Free Re: By-Law 95-33 Date: June 16, 1995 After discussions with Brian Wolfe concerning the inspection of weeds, it was suggested that Kevin Bradfield he appointed as the Weed Inspector considering his accessibility. If you should have any further questions concerning this matter please feel free to call. D. Free David R. Free, CET,AMCT(A) • Administrator/Clerk-Treasurer R The Corporation of the Village of Port Burwell PO Box 10 21 Pitt Street Port Burwell ON NOJ 1TO BY-LAW 95-34 Being a by-law to appoint a Deputy Treasurer. WHEREAS the Municipal Act R.S.O. 1990, c. M.45, s. 77 p. 2, as amended provides for appointinig such officers as may be necessary for carrying into effect any Act of the Legislature or by- law, and; WHEREAS Council deems it expedient to appoint a Deputy Treasurer in accordance to the position description forming part of this bylaw as Schedule"A", and; WHEREAS Suzanna Dieleman Mantel has agreed to perform these functions in accordance with provincial regulations, codes and Village By-Laws. THEREFORE Council enacts that Suzanna Dieleman Mantel be appointed as Deputy Treasurer reporting to the Adminstrator/Clerk-Treasurer. THIS by-law comes into effect on July 1, 1995. 1 Read a first and second time this 27th day of June, 1995. j A.*/ a Aol `. istrator/Clerk-Treasurer Read a third and final tim this 27 day of June, 1995. ,dam /1/ e - „, nistrator/Clerk-Treasurer 2 t.of PORT 8�+� The V llla e o r a1" Burwell a� '1,i PO Box 10jorriltrit. titr 21 Pitt Street Port Burwell ON NOJ ITO 04W'S5ftlk IFN $35 Alo 519 874 4343 - fax 519 874 4948 PORTUS REFUGfU Deputy Treasurer Appointment December 6, 1996 FORM 4 (Section 94(2)) DECLARATION OF APPOINTED OFFICE I,Suzanna Dieleman Mantel, do solemnly promise and declare that I will truly, faithfully and impartially, to the beet of my knowledge and ability, execute the office of Deputy Treasurer and Tax Collector, that I will truly, faithfully and impartially, to the best of my knowledge and ability, execute the offices to which I have been appointed in this municipality, that I have not received and will not receive any payment or reward, or promise thereof, for the exercise of any partiality or malversation or other undue execution of such offices, and that I have not by myself or partner, either directly or indirectly, any interest in any contract with or on behalf of the corporation except that arising out of my office as deputy treasurer and tax collector. J.I./94r , ::-.)11/ ", 4 S ► Dieleman. Mantel �A Deputy Treasurer and Tax Collector .' G'�.T.,Administrator/M��or{ Village of Port Burwell Clerk-Treasurer Corporation of of Port /1r. ii. 1 pUE, c:3 PORT 80 THE CORPORATION OF THE VILLAG E OF PORT BURW ELL `"'' P. O. Box JO. Port Burwell, Ontario NOJ ITO j ^ing telephone (519) 874-4343 • fax (519)874-4948 01,46!:$1111W Aga PORT LIS REFUGkU° • Memo To: Council; From: D. Free Re: By-Law 95-34, Appointing a Deputy Treasurer Date: June 22, 1995 By-Law 95-34 is commensurate with staff planning as discussed and would he effective July 1, 1995. A position description has been attached of the By-Law which outlines the duties. Further to this matter I would suggest that Suzanna will become the Treasurer of the Port Burwell Non-Profit Housing Corporation, at which time I will remove myself from this responsibility. The Milton Tower Corporation is now running smoothly and has its' financial footing that both the residents and the municipality can he proud of. It has been a 2 1/2 year process to get to this state, however well worth the effort. I have no doubt that with Suzanna as the Treasurer and with Donna as the Secretary the future of the Corporation is in good hands and can operate successfully. Insofar as signing authorities for cheques, by virtue of this by-law and the position description the Deputy Treasurer will report to the Treasurer. In order to ensure the security of the Corporation and to maintain internal control one staff person will sign the cheques, which would he myself. I would suggest that transfers to various accounts and investments would be Suzanna's responsibility however done in concert with myself. David Free David R. Free. CET, AMCT(A) • Administrator/Clerk-Treasurer er CIV-1C7"71--/(I / 8V ' ) IFs- VILLAGE OF PORT BURWELL POSITION DESCRIPTION DEPUTY TREASURER ' Reports to: Administrator/Clerk-Treasurer Knowledge: Knowledge of standard accounting practices & procedures Knowledge of Municipal Act Operation of personal computer (associated software ie Lotus 123, Excel, Word Perfect, Newviews etc) calculator and a vehicle since some travel is required Education: Post Secondary Education (College/University) Recognized accounting designation (CMA, CGA, CA) or in level 4 to 5 of a recognized accounting program. AMCT designation would be an asset Completion of Municipal Accounting, Municipal Law, Tax Collectors Program as recognized by AMO Experience: Minimum of 2 to 3 years office experience Previous municipal experience not necessary but is an asset Previous Personal Computer accounting experience manditory Leadership: Only supervises office staff in absence of Administrator/Clerk-Treasurer Initiative/Creativity: Adheres to Municipal Act and either legislation, by-laws and Council resolutions and direction of Administrator/Clerk-Treasurer 1 DEPTREAS.MIS Exercises initiative and creativity in daily operation of office Follows generally accepted accounting principles Monitors and improves efficiency and effectiveness of accounting systems and procedures Contact: Daily personal and telephone contact with public as follows; a. in receiving payments on tax and water/sewer accounts b. disseminating municipal information (as permitted under the freedom of information legislation) to public and ratepayers c. liaison with auditors, bank, provincial and federal ministries as directed by the Administrator/Clerk- Treasurer d must have considerable tact required when dealing with the public and administering benefits of employees (payroll benefits) Decision Making: Decisions are required commensurate with authority delegated by the Administrator/Clerk- Treasurer on office systems, policies and procedures by-laws including bookkeeping and administrative matters Working Conditions: Works a minimum of 9:00 am to 5:00 pm (7 hours) daily with hours increasing as necessary in order to meet the requirements of the position and the deadlines as established by the Administrator/ClerkTreasurer Attendance at regular and special Council meetings as deemed necessary by the Administrator/Clerk-Treasurer Must be available to attend extra night meetings as determined by Council 2 DEPTREAS.MIS Performs duties predominately in municipal office however, may require time in other municipal facilities commensurate with the Deputy Treasurer duties as described herein availability during emergency situations Effort: mental and visual demands associated with office work including stress from multiple demands, multiple roles, new and unexpected problems and critical time deadlines for work performance Responsibilities: Perform duties as directed by Administrator/Clerk-Treasurer and the duties as outlined in the legislation, including but not limited to as follows; 1) Roads organize and post to MT© Roads book preparation of the monthly expenditure summary report prepare year end report final preparation of MTO grant applications organization of Road Department files prepare miscellaneous reports and analysis as required assist Road Superintendent with administration liaison with MTO, municipal auditors and engineer 2) Payroll review, verify& input time sheets preparation of pay cheques T4's and year end reporting administration of municipal benefits program WCB claims, UIC reports , WCB reports, death benefit claims 3) General ledger accounts payable - receive, verify, code, post, prepare a/p cheques, filing of invoices and cheque stubs and reconciliation of various a/p ledgers for all departments and boards of the municipality cash receipts - review, posting, reconciliation of accounts in accordance with Financial Procedures By-Law 4) Budget assist in the organization and of preparation of supporting documentation assist in the development and setting of mill rates 3 DEPTREAS.MIS prepare by-law and resolutions distribute budget to appropriate agencies preparation of miscellaneous government reports in accordance with budget 5) Financial Reporting • preparation monthly of balanced financial statements for boards, departments and operations within the municipality ie Water/Sewer System preform account and financial analysis as required preparation of reports, summaries and analyses for preparation of financial statements and FIR preparation of the draft financial statements and FIR responding to various Ministry inquiries in concert with Treasurer preparation of annual public notice of financial statements other reports and analyses as required 6) Other Performs collection procedures for taxes, water/sewer accounts and accounts receivable in accordance with policies, by-laws and guidelines Initiate tax sale procedures. Administration of other government programs as they arise. Monitor cash flow advising the Treasurer of corrective action - loans/deposits. Analysis regarding rate increases such as water, sewer, tax certificates Processing of insurance claims Assist Administrator/Clerk-Treasurer with tender preparation and bid analysis. Perform cash receipts on four tax installment dates and the six water/sewer installments Performs records management duties in accordance with procedures manuals. Other duties as need arises or as directed by Administrator/Clerk-Treasurer. Billing of other municipal services (Rezoning and Minor Variances etc) recovery of municipal costs in association with by-laws and policies. 4 D E PTREA .M I S w . -• • I hereby acknowledge the details of the Position Description for Deputy Treasurer employed with the Village of Port Burwell A-/Z 0,7 —0 Datejr...0, 1 c ./ Suza a 1 Diem- . antel "OA' - DateC.1.1.;:ev<7 j't�/"�'!— Da ' �cl� ree Ad nistrat ve/Clerk-Treasurer 5 DEPTREAS.MIS • The Corporation of the Village of Port Burwell PO Box 10 21 Pitt Street Pork Burwell ON NOJ 1TO BY-LAW 95-35 Being a by-law to amend by-law 94-12, being a by- law to authorize the long term borrowing of an amount of money not to exceed$260,000.00 towards the cost of certain capital projects. WHEREAS by-law 94-12 authorized the long term borrowing of money for capital projects, and; WHEREAS certain capital projects were deferred until 1995 due to untimeliness, and; WHEREAS the total amount of authorized long term borrowing must be decreased in order to properly reflect the actual long term borrowing limits as calculated by the Ministry of Municipal Affairs. The Council of the Village of Port Burwell hereby amends paragraph (1) of by-law 94-12 as follows: 1. The Reeve and Administrator/Clerk-Treasurer are hereby authorized on behalf of the Municipality to borrow by way of temporary advances from time to time Canadian Imperial Bank of Commerce ("CIBC") a sum or sums the aggregate amount not to exceed 165,000.00 and is to meet expenditures made in connection with the projects outlined in Schedule"A" attached hereto as part of this by-law, and to give on behalf of the Municipality to CIBC a promissory note or notes sealed with the corporate seal and signed by the Reeve and the Administrator/Clerk-Treasurer for the money borrowed plus interest at such rate and for such term as may be agreed upon from time to time with CIBC. • 1 Read a first and s _ • time this 19th day of June, 1995. 401;e R. • #,rte f,%vv., rator/Clerk-Treasurer Read a third and final time tit': 19th day of June, 1995. r ��1 - _ � _ a • • • • • - rator/ClerL-Treasurer 2 a PORT B� THE CORPORATION OF THE -1111111r44111(� � VILLAGE OF PORT BURWELL :�: l P. 0. Box 10,Port Burwell,Ontario NOJ ITO s telephone (519) 874-4343 • fax (519)874-4948 AdloEP \a FORTuS RtFUG" June 20, 1995 Canadian Imperial Bank of Commerce 200 Broadway Tillsonburg Town Center Mall Tillsonburg ON N4G 5A7 Attention: Mr. Jim Bigger Dear Mr, Bigger Please find attached a certified copy of our By-Law 95-35, a by-law to amend By-Law 94-12 which is also attached. Also please note that the Mill Rate By-Law inclusive of the Capital Budget was previously provided to your office, as was By-Law 95-28 the borrowing by-law. I trust that you will find the attached in order and if you should have any questions please feel free to call. Yours truly irr dr' . Free, CET, AMCT • dministrator/Clerk-Treasurer Enols. David R. Free, CET. AMCT(A) • Administrator/Clerk-Treasurer pF PORT 80 THE CORPORATION OF THE VILLAGE OF PORT BURWELL -41.111 ` 1ik- P. O. Box 10. port Burwell,Ontario NOJ ITO 1 * telephone (519) 874-4343 • fax (519)874-4948 difr=%ftli& PORT US RE WWI' Memo To: Council From: D. Free Re: By-Law 95-35 which amends By-Law 94-12 Date: June 16, 1995 By-Law 94-12 was a by-law to permit borrowing in the amount of$260,000.00 for 1994. As indicated from the previous financial statements that borrowing did not take place, therefore as a matter of protocol, it is necessary to amend the by-law for the benefit of our lending institution, as they (CIBC) illustrate that we only borrowed $160,000.00. This is a "house-cleaning"process towards completing our 1995 long term debt program, and if you should have any further questions please feel free to call. D. Free David R. Free, CET, AMCT(A) • Administrator/Cleric-Treasurer THE CORPORATION OF THE VILLAGE OF PORT BURWELL PO Box 10 21 Pitt Street Port Burwell, Ontario BY-LAW 94-12 Being a by-law to authorize the long term borrowing of an amount of money not to exceed $260,000.00 towards the cost of certain capital projects. WHEREAS Section 187 0f the Municpal Act R.S.O. 1990, Chap. M.45 provides that Council of a local municipality may by by-law provide for the borrowing of long term debt. AND WHEREAS the Corporation of the Village of Port Burwell deems it necessary to borrow funds to permit the completion of various capital projects as outlined in Schedule"A". THEREFORE the Corporation of the Village of Port Burwell enacts as follows: 1. The Reeve and Administrator/Cleriz-Treasurer are hereby authorized on behalf of the Municipailty to borrow by way of temporary advances from time to time Canadian Imperial Banlz of Commerce ("CIBC) a sum or sums the aggregate amount not to exceed$260,000.00 and is to meet expenditures made in connection with the projects outlined in Schedule "A" attached hereto as part of this by-law, and to give on behalf of the Municipality to CIBC a promissory note or notes sealed with the corporate seal and signed by the Reeve and the Administrator/Clerk-Treasurer for die money borrowed plus interest at such rate and for such term as may he agreed upon from time to time with CIBC. 2. All sums borrowed under this by-law, as well as all other sums borrowed this year and in previous years from CIBC for any or all of the purposes mentioned in the Ontario Municipal Act, plus interest, shall be a charge upon the whole of the revenues of the Municipailty for the current year and all preceding years as and when such revenues are received. 3. The Treasurer is hereby authorized and directed to apply in payment of all sums borrowed pursuant to this by-law, plus interest, all of the moneys hereafter collected or received either on account or realized in respect of taxes levied for the current year and preceding years or from any other source which may lawfully he applied for such purpose. 4. The Treasurer is hereby authorized and directed to furnish to CIBC a certified copy of the Order. 1 Emimmow Read a first and second time this 144h day of June 1994. 1�. o�tzas Nesbitt Reeve dministrator/CJerk-Treasurer Read a third t... and fi • y passed is 14th day of June 1994. Noip ii14 .` 411 4 omas Nesbitt Reeve Oa '. Free Administrator/Clerk-Treasurer 2 • Village of Port Burwell Schedule "A" Budgeted Budgeted costs Financing Federal Provincial Municipal Roadways Engineering 5,000 5,000 Construction 80,000 40,000 40,000 Master plan 14,500 14,500 Equipment 20,000 • 20,000 Sidewalks 50,000 16,667 16,667 16,666 Street lights 5,000 5,000 Harbour Sheet piling 15,000 7,500 7,500 Recreation & Culture Baseball diamond 17,000 17,000 Baseball equipment 3,000 3,000 Market Square 20,000 20,000 Public Washrooms 15,000 5,000 5,000 5,000 Fire fighting equipment Air tanks 6,000 6,000 Bunker suits 4,500 4,500 Pager & Radios 1,000 1,000 Truck & Accessories 1,300 1,300 SCBA 5,000 5,000 Water & Sanitary Systems Water system 126,450 0 95,250 31,200 0 Other Capital Office computers 4,000 4,000 Misc office equipment 4,000 4,000 Filing system 4,000 4,000 Building 25,000 8,333 8,333 8,334 Unfinanced capital 37,000 37,E 462,750 30,000 172,750 0260 • The Corporation of the Village of Port Burwell PO Box 10 21 Pitt Street Port Burwell ON N0J 1TO BY-LAW 95-36 Being a by-law to appoint a Chief Building Official and a Plumbing Inspector.._ WHEREAS Chapter B. 13, s. 3, p. 2, R.S.O. 1990, as amended.of the Ontario Building Code requires that the Council of each Municipality shall appoint a Chief Building Official, and; WHEREAS Chapter B. 13, s. 3, p. 2, R.S.O. 1990, as amended of the Ontario Building Code also allows the Council to appoint other inspectors for the enforcement of the Building Code, such as Section 7, Plumbing, and; WHEREAS Council deems it expedient to appoint a Chief Building Official and Plumbing Inspector, and; WHEREAS Ed Roloson has agreed to perform these functions in accordance with provincial regulations, codes and Village By-Laws. THEREFORE Council enacts that Ed Roloson be appointed at a rate of $13.00 per hour, automobile cost of$0.31 cents per kilometre and appropriate conferences and seminars. THIS by-law repeals all previous by-laws to hire a Chief Building Official and Plumbing Inspector. THIS by-law comes into effect on the date of passing. 1 IF • 2. Bylaw 95-35 Being a Bylaw to Amend Bylaw 94-12 RESOLUTION MOVED BY: Jim Hevenor SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to introduce Bylaw 95-35 being a by-law to amend by-law 94-12, being a by-law to authorize the long term borrowing of an amount of money not to exceed $260,000.00 towards the cost of certain capital projects. UNANIMOUSLY: Tom Nesbitt, Reeve By-Law Read a First and Second Time By-Law Read a Third Time and Finally Passed. 3. Bylaw 95-33 Being a Bylaw to Appoint a Weed Inspector RESOLUTION MOVED BY: Cindy Allin SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell hereby appoint a Weed Inspector. UNANIMOUSLY: Tom Nesbitt, Reeve By-Law Read a First and Second Time By-Law Read a Third Time and Finally Passed. 4. Old Business RESOLUTION MOVED BY: Jim Hevenor SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the Village of Port Burwell has received a letter of resignation from Brian Wolfe as the Chief Building Inspector and Bylaw 2 s " Enforcement Officer. The Council of the Village of Port Burwell hereby accepts with regrets, immediately and without notice the resignation of Brian. Wolfe. UNANIMOUSLY: Tom Nesbitt, Reeve By-Law Read a First and Second Time By-Law Read a Third Time and Finally Passed. Councillor Mason expressed concern with regard to the West Pier Boardwalk and inquired if an action plan had been implemented for its repair. The Administrator/Clerk-Treasurer identified that no work had commenced however, was in the plan. A new design was proposed to stabilize the railing along the boardwalk however it was suggested that a local contractor be contacted for a price and input on the repair and stabilization of the railings. Councillor Mason requested a decision with regard to additional staffing for the Lighthouse during the weekends of the summer. Members of Council volunteer their services upon receipt of a schedule to be prepared with the Recreation Director and Chairman of the Museum Co {r*t Ear THIS TO A `i' 5. New Business , - RESOLUTION . .. ,24 MOVED BY: Jim Hevenor - ' ,'� - --."`_�•,, SECONDED BY: Dave Mason"" " r BE IT RESOLVED, the Council of the 'illage of Port Burwell hereby agrees to introduce Bylaw 95-36 being a bylaw to appoint a Chief Building Official and a Plumbing Inspector. UNANIMOUSLY; Tom Nesbitt, Reeve By-Law Read a First and Second Time By-Law Read a Third Time and Finally Passed. • r 11 UM T FO ' ISC k SSIO" et 1 :di L. Di NOT r • Council/Staff Barbecue June 29, 1995 - Farewell Gidgit Party It was decided that a farewell party for Gidgit Robinson would by held at either the Mason or Loucks residence, with Donna Lamoure and Suzanna Mantel making the arrangements. 6. Motion to Adjourn MOVED BY: Cord Loucks Approved: June ., 1995 �, ! " � Torn N• piti Reeve .e 1r f/ • Dav 7'. Free Ad /inistratori leriz-Treasurer 4 Read a first and second time this 19th day of June, 1995. ■ r r • Ad mini rotor/Clerk-Treasurer Read a third and fin.1 time this 19th day of June, 1995. l � / .! l e •mi strator/Clerk-Treasurer 2 The Corporation of the Village of Port Burwell PO Box 10 21 Pitt Street Port Burwell ON NOJ IT0 BY-LAW 95-37 Being a by-law to appoint a By-Law Enforcement Official and Property Standards Officer. WHEREAS the Municipal Act R.S.O. 1990, c. M.45, s. 207, p. 45, as amended provides for appointing such officers as may be necessary for carrying into effect any Act of the Legislature or by- law, and; WHEREAS Council deems it expedient to appoint a By-Law Enforcement Official and Property Standards Officer, and; WHEREAS Ed Roloson has agreed to perform these functions in accordance with provincial regulations, codes and Village By-Laws. THEREFORE Council enacts that Ed Roloson be appointed at a rate of $13.00 per hour, automobile cost of$0.31 per kilometre and appropriate monies conferences and seminars as required and within the approved budgets. THIS by-law repeals all previous by-laws appointing By-Law Enforcement.Officers/Officials and Property Standards Officers. THIS by-law comes into effect on the date of passing. 1 Read a first and second time this 19th da of June, 1995. /.sire , ' P►Qm' trator/Clerk-Treasurer Read a third and final time 19th day of June, 1995. Air Arid/ A �"f trator/Clerk-Treasurer 2 iert syi ,BY-LAW NO. A BY-LAW AUTHORIZING THE BORROWING OF MONEY TO MEET CURRENT EXPENDITURES OF THE COUNCIL OF `tht V i 11/4‘0,..# ; (the "Municipality-) A. In accordance with subsection 1137111 of the Ontario Municipal Act(the"Act"),the Municipality considers it necessary to borrow the amount of fl i) r 5-00 to meet, until taxes are collected, the current expenditures of the Municipality for the year 1 qq B. Pursuant to subsection 187(2)of the Act,the total amount borrowed pursuant to this bylaw together with the total of erg similar borrowings Is not to exceed the limits set forth in that subsection. C. The total amount previously borrowed by the Municipality pursuant to section 187 that has not been repaid hi45—COO THEREFORE,the Council of the Municipality enacts as fotiows: I. The Head end the Tleesurer ere authorized on behalf of the Municipality to borrow from time to time by way of promissory note or bankers'acceptance from CANADIAN IMPERIAL BANK OF COMMERCE f"CIBC"I a sum or sums not exceeding in the aggregate • 'I . 3-00 to meet, until taxes ere collected, the current expenditures of the Municipality for the year (Including the amounts required for the purposes mentioned in subsection 187111 of the Act)and to give to CIBC promissory notes or bankers' acceptances, as the case may be,sealed with the corporate seal of the Municipality and signed by the Head end Treasurer for the sums borrowed plus Interest at rate to be agreed upon from time to time with CIBC, 2. All sums borrowed pursuant to this by-law, es welt as ell other sums borrowed pursuant to the Act In this year end In previous years from CIBC for any purpose will,with interest thereon,be a charge upon the whole of the revenues of the Municipality for the current year and for all preceding years as and when this revenue is received. 3. The Treasurer is authorized and directed to apply in payment of all sums borrowed plus interest, all of the moneys collected or received on account In respect of taxes levied for the current year end preceding years or from any other source which may tawfuly be applied for this purpose. 4. The Treasurer is authorized to furnish to CIBC a statement showing the nature and amount of the estimated revenues of the Municipality not yet collected and also showing the total of any amounts borrowed that have not been repaid. fi PASSED this 7 7 day of r, ,-/</c-/ c F Aelegif eili0e./- ADDS 714E•Tr' u {SEAL } tail/ ttEtit I hereby certify that the forgoing is a true and complete copy of the By-law numbered above of the Municipality to the Province of Ontario,duly passed at a meeting of the Council of the Municipality and that this Bylaw is in full force and effect. Dated this t 7,r day of t,/+✓ jc /qq+i Witness the corporate seal ISEAL } Jr, CLEAR �V�pF PORT 86,q� THE CORPORATION OF THE VILLAGE OF PORT BURWELL P. O. Box 10.Port Burwell.Ontario NO) I TO e telephone (519) 87'4-4343 • fax (519)874-4948 • PORTUS REFUGO4 MEMO - A+ t) Date: June 21, 1995 To: David Free From: Suzanna Dieleman Mantel Re: Temporary Borrowing Bylaw 95-38 David: As our previous temporary loans by-law has expired and since we require further financing to cover operating expenditures until the next levy of taxes is collected, I have drafted a resolution and by-law for temporary borrowings. The limits for the temporary loan has been calculated according to s.187(2) of the Municipal Act, RSO 1990, c. M45. Limit at any one time -- s. 187(2) (2) The amount that may be borrowed at any one time for the purposes mentioned in subsection (1), together with the total of any similar borrowings that have not been repaid, shall not, except with the approval of the Municipal Board, exceed from. January 1st to September 30th of the year, 50 per cent of the total, and from October lit to December 31st, 25 per cent of the total of the estimated revenues of the corporation as set forth in the estimates adopted for the year. R.S.O. 1980, c. 302, s. 189(2); 1992, c. 15, s. 15(1). For January 1 - September 30, 1995, 50% of the total estimated revenues of the corporation are $495,000. For October 1 December 31, 1995, 25% of the total estimated revenues of the David R. Free, CET, AtICT(A) • Administrator/Clerk-Treasurer corporation are$247,500. AB we do not require a large amount of temporary borrowings, the lower limit stated above would be sufficient for the Village's needs. This has been reflected in the resolution and the by-law. Suzanna Mantel • 2 vo Village of Port Burwell Temporary Loan Analysis Jan 1990 to Date Date Loan Advances ,T Payments 1-Jan-90 0 13-Feb-90 15000 15000 3-Mar-90 60000 45000 7-Jun-90 35000 25000 27-Jul-90 0 35000 19-Dec-90 30000 30000 22-Jan-91 800001 50000 27-Jun-91 50000' _ 30000 13-Dec-91 6000 10000 _ 20-Dec-91 80000 20000 _23-Jan-92 110000 30000 _ 13-Feb-92 120000 10000 20-1eb-92 130000 10000 21-Feb-92 140000 10000 _25-Feb-92 _ 150000 10000 17-Mar-92 _ 16 000 10000 _ 28-Sep-92 200000 40000 1-Oct-92 220000 20000 2-Oct-92 230000 10000 6-Oct-92 220000 100.00 7-Oct-92 230000 10000 9-Oct-92 220000' - 10000 14-Oct-92 240000 20000 - 16-Oct-92 220000 20000 20-Oct-92 240000 20000 26-Oct-92 - 237000 3000 2-Nov-92 209000 28000. 5-Nov-92 _ 195000 140.00 9-Nov-92 200000 5000 13-Nov-92 205000 5000 17-Nov-92 210000 5000 23-Nov-92 200000 10000 25-Nov-92 202000 2000 30-Nov-92 1860001 - 16000 2-Dec-92 175000 11000 3-Dec-92 165000 10000 4-Dec-92 170000 5000 7-Dec-92 160000 10000 10-Dec-92 165000 5000 —14-Dec-92 170000 5000 15-Dec-92220006 220000 50000 16-Dec-92 240000 , 20000 17-Dec-92 235000 I 5000 23-Dec-92 2600001 25000 LOAN S.XLS Village of Port Burwell Temporary Loan Analysis Jan 1990 to Date Date Loan Advances Payments 29-Dec-92 227000 33000 30-Dec-92 232000 5000 5-Jan-93 238000 6000 6-Jan-93 243000 5000 11-Jan-93 221000 _ 22000 13-Jan-93 226000 5000 14-Jan-93 228000 2000 18-Jan-93 230000 2000 19-Jan-93 232000 2000 _ 25-Jan-93 226000 6000 26-Jan-93 228000 2000 29-Jan-93 230000 2000 2-Feb-93 228000 2000 3-Feb-93 230000 2000 - 28-Feb-93 232000 2000 17-Mar-93 254000 22000 19-Mar-93 250000 400 6-Apr-93 220000 30000 12-Apr-93 205000 15000 26-Apr-93 180000 25000 7-May-93 160000 20000 18-May-93 135000 25000 31-May-93 70000 65000 7-Jun-93 60000 10000 9-Jun-93 45000 15000 25-Jun-93 50000 5000 28-Jun-93 52000 2000 30-Jun-93 132000 80000, 18-Ang-93 92000 40000 10-Sep-93 96000 4000 13-Sep-93 101000 5000 14-Sep-93 111000 10000 23-S ep-93 125000 14000 1-Oct-93 200000 75000 25-Oct-93 • 160000 40000 5-Nov-93 110000 50000 23-Dec-93 115000 5000 4-Feb-94 125000 10000 14-Feb-94 140000 15000 25-Feb-94 150000 10000 22-Mar-94 200000 50000 3-May-94 _ 150000 50000 20-May-94 125000 25000 27-May-94 25000 100000 LOANS.XLS Village of Port Burwell Temporary Loan Analysis Jan 1990 to Date i Date LoanAdvances Payments 6-Jun-94 0 25000 20-Jun-94 15000 15000 4-Jul-94 90000 75000 18-Jul-94 65000 25000 20-Jul-94 F 50000 15000 2-Aug-94 75000 25000 • 23-Aug-94 60000 15000 29-Aug-94 35000 31-Aug-94 35000 22-Sep-94 100000 100000- 30-5ep-94 _ 75000— 25000 27-Oct-94 115000 400.00_ 10-Nov-94 110000 5000 17-Nov-94 30000 80000 28-Nov-94 0 30000 27-Jan-95 110000 110000 15-Feb-95 150000 40000 13-Apr-95 125000 F 25000 21-Apr-9S 40000 85000 28-Apr-95 10000 30000 10-May-9535000 t 25000 2-Jun-95 F 10000 25000 15-Jun45000 35000 • LOANS.XLs i The Corporation of the Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell, Ontario By-Law 95-39 Being a By-Law to rescind Bylaw 95-11, being a by- law to amend bylaw 90-05, being a bylaw to establish a Fire Department WHEREAS the Council of the Village of Port Burwell deems it necessary to reorganize the municipal operations. THEREFORE THE COUNCIL OF THE VILLAGE OF PORT BURWELL ENACTS AS FOLLOWS. 1. That bylaw 95-11 be repealed in its entirety. Read a first an+ econd t" this 27th day of June 1995 .1041.." R- e dirS Ad fstrator/Cierk-Treasurer Read a third time and finally passed is 27th day of June, 1995 Air, / /JA LI Ree.( Ade A. f;tTator/Clerk.Treagurer 1 Memo To: Council From: D. Free Re: Meeting April 5, 1995 with Fire Chief and Deputy Fire Chief Date: April 25, 1995 A meeting was held with the Fire Chief and Deputy Fire Chief on April 5, 1995 to discuss a number of issues with respect to by-law 95-11 being a by-law to amend By-Law 90-05, being a by-law to establish a Fire Department. During the meeting we discussed issues as follows: 1) The role of the Administrator/Clerk-Treasurer in the Fire Department operations. 2) Quarterly reports to myself and Council with respect to the activities of the Fire Department. 3) Operations assistance through the Municipal Offices for the development of policies and procedures for the Fire Department. 4) Records Management systems with respect to the Fire Department and the Municipal Offices. 5) The Purchasing By-Law 95-07. 1 During the meeting a clear understanding with regards to the position of both myself and the Fire Department was developed, which apparently was to the satisfaction of the Chief and Deputy Fire Chief. Subsequent to these discussions, a detailed review of the 1995 budget ensued of which changes have been made and incorporated within the packages recently circulated to Council. The Fire Department is currently reviewing their capital requests and are providing detailed information from contractors and other sources as applicable, of which will be proposed in the budget, hopefully no later than April 28, 1995. These changes may indeed require drawing from the Fire Truck Reserve in order to prolong the life of existing equipment by approximately 10 years. As these details become available Council shall be apprised. Subsequent to the meeting it was agreed upon between the Department Heads and myself that an operations/strategic plan may be advised with respect to the current level and future level of service to the municipality relative to the equipment facilities which currently exist within the department. Preliminary discussions have been commenced with the Regional Office of the Fire Marshal in concert with discussions with the Fire Chief. It is anticipated that within the next three to four weeks a meeting will be held with a representative from the Fire Marshall's Office, in order to discuss the terms of reference for the previously said review, at which time Council shall be apprised formally of die proposed action plan. It is my interpretation that the Department Head and his assistant are satisfied with the short terms strategies and short term action plan that we unilaterally have invoked. It is my hope that Council can provide its support to the Fire Department and myself with regards to re-working the department and the relationships that have or have not existed. Albeit there is a cost, it is to the benefit of the community for increased fire protection and security of the volunteers. I shall keep Council apprised of further matters. P., D. Free 2 Memo To: Council CAS$%1 From: D. Free Re: Fire Department Budget Date: April26, 1995 Upon the review of the 1995 Fire Department Budget with Fire Chief Tom Millard, and the original request of $9,000.00 to overhaul one of the Fire Engines, this matter has been reviewed and reconfigured into a more appropriate strategy. The existing fire truck is of 1972 vintage and requires significant repairs to bring it to standard. The truck is rusting badly and the pump requires massive repairs and it has been informally estimated at a cost of approximately$8,000.00 (on the low side). After discussions with the Fire Chief, we had agreed that considering the age of the truck, and the life expectancy after investing another $8,000.00 into the vehicle the municipality would not have an adequate return on its" investment. The municipality currently has $14,000.00 in the Fire Truck Reserve and there is another $5,000.00 to be allotted in 1995. It is estimated that to purchase a used Fire Truck approximately 1980 to 1985 vintage would cost the municipality approximately $30,000.00 inclusive of any repairs necessary. It was therefore decided that we would investigate the purchase of the previously said used fire truck expending the approximate $19,000.00 in reserves and look towards either recovering the additional monies through taxation or borrowing on a long term basis the other $10,000.00 This strategy seems to be the only sensible way in which to proceed however, we will not commence this action until after the review of the Fire Department and its' facilities has been completed by the Fire Marshalf"s Office. This information is however provided to Council in order that they can understand that a strategy is in place in order to ensure the security of the residents of Port Burwell 1 • insofar as Fire Protection is concerned. If Council should have any further concerns or further direction in this matter please provide them at the earliest possible convenience, otherwise this informal strategy will be considered to have Council's consent. I await Council's direction in this matter. David Free 144.,11. f 2 SENT BY:KENILWORTH PUBLISHING : 6-21-95 : 8'2141 : 2010- 15186744848:# 2 How to Build • Firs Department ...with nothing down and a dollar a week By D.J.(Don)Raid your fleet. Since 1989 the switch to tractor trailers. There and Bruce Griffin municipality has changed eight were then several good milk trucks vehicles starting in 1990 with a available. Mr.Reid da Tmeasurer/ rescue molt acquired from the City Firer a previously convened milk AdrninistreJtor,Township of of Scarborough. They purchased truck was sold, It was too small Osgood.arid Mr. Griffen is in the haste mirk from the City for for our needs but was most suitable Osgood,Volrnaesr Fire Fighter. $5,000. Volunteers then for the purchaser. Then they completely refurbished the truck purchased two tandem milk tankers Co you would like to upgrade using continua everyday material. were purchased. The owner was your fire fighting equipment and and much.imagination. anxious to sell so the price was very you have limited resources. Well, Yon will find most large good. The volunteers agreed to all you need are innnvatinn, departments are consistently raise over$49,000 to refurbish the cooperation,creativity,know-how changing their vehicles and some truck.. The municipality advanced and a fire Chief who in,at least in older ones are in good shape. the funds and the volunteers repaid part,a used car salesman. Sometiiuce even your own it over two years. This transaction The Township of°evade is i departments have surplus gave the Fire Department the growing,rural municipality in the equipment that is still very capacity to deliver 7.000 gallons of southern sector of the Regional serviceable. For example,s pickup water. More importantly,it gave Municipality of Ottawa-Carleton. from the Roads Department was the Fire department a sense of pride Over dee past five mire they have turned over to the Fire Department, and ownership in the equipment. replaced nearly all the vehicles in fuzed up and now serves a valuable You should make every effort to rhe.Fire service,complied with the function. Also,most Cities will identify your fire revenue sources. new turn out gear regulatauns, help their smaller cowins with Burning permits.fines for changed the computer systems price*end innovative unauthorised burning,charges for (twice)and upgraded the radii., terms. Don't be afraid to calls on Provincial Highways,fire systtirna. All of this was completed negotiate. Terms of repayment can prevention inspections(under without debt and no lap tan include a time schedule or special circumstances),inspecnons inereatee. The municipality is favourable or no interest rasa loans. of wood stoves for insurance, connected ro the Regional 911 Remember that the Cities are In the swimming pool fillings and diepareh system end provides alarm same bind,for money,as you are compliance certificates are but a monitoring for the tuuniu-ipal but they can better afford to be few examples. A balance is building, generous. necessary as the residents arc There arc titter sietivue in the already paying for mire services Tnwnthi . Pull time personnel Bury p milk truck through their taxes. Any other consist of the Chief and him office When a unto new ui men extraordinary and special services assistant. Sir y dedicated volunreer When siva. V ry ortrn the truce should be pay as you go. Inc fighters awl a pan time The fund raising,in Clegnnele's dispatching crew of seven make up you want linty not be the truck you ease,was innovative. The/Ire the remainder of the complement. ptnrrhaae. For evamlrle,Os a Fighters'Association held an Fire fighters have received training needs to get more roster to�t Cue auction,sold Nevada Tickets, in first reepon.e and use of scene. I riditiQnal thinking dictates accepted donations and one gas that one would acquire a defibulators. in 1993 the station donated one cent from department responded to 356 calls. municipahry siva pum tanker, Thr every litre of fuel sold dunng the d""' to purchase campaign. All items for the auction Upgrading your fleet two their trucks and convert them were dg fated.both old and new. to their . opportunity There were so many articles offered Now all of this is very interestinpresented itself when the Milk hut the ree eon you are reading this Mark ting Boards amended its that they actually had to decline is to get ideas on how to ul, rade regulations and required haulers to some Changs at she ii Item s were picked up and the volunteerss 'r£31lu,M /MA1tcH 1995 M1JN1C1 Ar.MONITOR. t SENT BY!KENILWORTH PUBLISHING : 8-21-95 : 9:22A1 : 2O1Or 15196744946:# 3 s-- IIMERGENCY SERVICES cleaned and checked them all over. little. 'Nitre is a single enabling eventually you will replace the The Anctinnrer donated his rime. factor to make this work,it is the vehicle. So why not ream to plan This event raised$13,000. su purr of your council. A mayor now? h is so much easier to When your chief keeps his ear to who loves trucks that shine and purchase a vehicle when you have the pipeliuc,it is iutereswug what make lots of noise also helps. time and money. You can take he can hear. In 1991 our chief, Council of the Osgood.Township your time and take advantage of Fire learned that has always been forward looking those special deals that are out Al/mantaCta Fire rude was building a and encouraged initiative and there. One does not have to plan demonstrator truck for use at innovation, The one guiding for a new truck. Since starting the conventions around the Province. philosophy tory anutt on is"if we program the department has never The municipality approached them were to do it,then do it riga." purchased a"new"truck. Al]were with an offer to purchase the truck The up-front extra con is often demonstrators or conversions. If it after Almoner was finished with it. more than saved in the elimination is new to you and does the trick, They agreed. The result was a of future aggravation. than that is good enough. After all truth with all the belle,chrome and anything can be painted red. The lights you could possibly want for Uu a value of a reserve is that it tats you the price of a bare bone's vehicle. take advantage of those special It was paid for from the reserve set The idea of a reserve is also very circumstances. up fur vehicle actluisitiont,tax important. Now we know that a When you decide to start to look dollars,fund raising and the sale of few of you will say that you cannot for a new piece of equipment, one older truck. The only afford a reserve right now. Can spread the word. Fire Departments difference between a Fire Chief and you afford not to? What would seem to have this internal secret a boy is the gleam (arid price)Of his you do if your vehicles suddenly society that can find all types of toys. quit? You Can get temporary gear. Bc prepared to dicker. It At this point we shall digress a assistance from a neighbour,but may be that you will reduce the 1995 ONTARIO MUNICIPAL DIRECTORY a,.4.,, / I.' :t / V Reads over s a•/./ ' Look up over 1, 500 4,000 key municipal : 1,i A ,". -�.. telephone and fax decision makers ' ;� r• numbers • /Includes • 1 f • .- /Available Available in English population -'''+ ' t' LI and French and land sizes . F .:;;�, R _ _tis . Contact over 100 „�� Book only$15 municipal-related 'in**plot losimil * lotlo'a' sal OST organizations n OST Call 14009461-5796 _ From I and 1411)VN cedes,call K656443025 r+— mem or owl whir yaw eapv today.ardor ha IM a...,*aisoleme• .. .' Kill aniiihmirml, /11.05... Fax.160.6 aimpog"r r•orr4+n4rrM'w+Mr OM ali+M79 1 . A . CiNITt`1R PFIJARYI%4ARc 4 1995 SENT BY:KENILWORTH PUBLISHING : 6-21-95 : 9:23AM 2810 15198744946:# 4 ■MERGUNCY SERMI[1 cost or have the sellar add options the new one. Actual cash the Chief's ear. In the beet or eyuipment, Negotiate for terms. contribution,fore SI S,O00 tradition of the used car business Osgraod•has made some very food vehicle,was less than 540,000. the chief already has sold the old transactions by offering longer This came from the reserve for one. repayment and interest free loans. another department. The Fire The result of this exercise will be Analyse your need. Will one truck neparadunt will repay the loan in a reduction in our fleet from 13 to do the work of two? Can you sell the 1993 budget. Clearly this was 10. There will be no vehicle over your old equipment to help pay for a deal we could not pass up. As 10 rears old. Our departments' the new? Is there an option to put of the arrangements our Fire minipment will be something we purchase a basic unit and modify it Chief and one Councilor had to eau all be proud of. This to your reeds? Use the resources of bring the truck home,from accomplishment is the result of your volunteers, They are an asset Winnipeg.in the worn storm of the tram work and cooperation. It can without equal. Listen to them and winterEur that is another story_ work anywhere if the will is there. hear their ideas. You will he Osgood/is complains the last Osgoode is a fairly large surprised at just how innovative of its fleet rehabilitation, Thr plan municipality but even the smaller they can be. is to sell two of the trucks and ones can upgrade if the need is Osgoode has found one vehicle purchase one new one. It will be there. Give Honest Gerry four by taking advantage of just such the first truly new vehicle, The Chief)a call. The't ownship does circumstances. Again the truck was negotiations are not yet complete not need any more vehicles, another demonstrator. It had been but the financing will involve a according to the Treasurer,her he sold to another municipality who balance of tax dollars,sale of is sure that Honest Gerry can find subsequently returned it. The • astern,fund raising and internal you whatever you need. Probably manufacturer was anxious to sell, reserve borrowing. There will be driven by an old lady and just on The municipality sold two other no debt. Also,the Fire Fighters Sunday. vehicles that in turn nearly paid for Association has offered to replace Proven Support. Paced will the CMU sores of romp ex. • 'fit-coreirrinr Commenced *iron. amen } Ora Incur nulled'profostronals soak the support of impsriancid. Anowirdaeanrle csxxses Thern•scr,Mfrs--a major Corse e1 hrfation for fat decades---*Rt owed repraf'or rot professional exciteanc. woos a basad rime of wariersui issues and ilea ss.Ota• ora moored x este taCbOvs arid OrTrrdrhla opporonn irwsues inwllrirs contract i#rierpretetior. ronssructien, rail •stain, sna sliulder &som.prodcr.l;abiYsl and i OOR Cif 0erer specialties. when you used assistance. COMtatt Apart A. Firrmr al 1169-9317 and pier TF,omsen.Regan to work for you The Case For Thomson,Rogers eaajlrrsee AND 1OtSCIross ill=Tt r rss, leo say amort. TQROi'Q. 0 TARiI_ CANADA MSM 1W1 14141116-164-41)1. ?Si_ 4rs.sas•3100 FESRUA YlMAAQ 19rY5 — - = Ml cl,A1.1.tr .TTOR 11 - JUN:12 '95 11:11 TOkti OP SIMCOE P.3,3 QUARTERLY FIRE REPORT - s1ium! FIRE DEPARTMENT Schedule -A" to Report No.: firs 93-08 SUMMARY Or ACTIVITIES 14ONTE MONTH HOPTH FOR CURRENT YEAR Or 1993 April May ,7vne , • - A FIRE CALLS: In-rown calls - Actual 6 3 5 - ?ales Alarms 3 7 1 - Rescue Cl 0 1 Our-of-rtnrn Calls 1 3 3 Mutual Aid 0 1 0 •IIna% 10 14 9 PIRE LOSS, In-town 7.000 0 , 2,500 Out-of-town 0 2,000 80,540 INv8STI0ATICNS 4 1 2 FATALITIES 0 0 0 TOURS. TIRE SAFETY TRAINING, LECTURES 1 l 1R Youth 0 el 147 - 1 Adults J1 11 2l. 750 INSPECTIONS! Assembly 4 S 4 Inatittxefnnnl 1 0 0 i Residential 1 1 1 Rueinsce G Perronil Service 2 1 1 Mercantile 2 1 1 Industrial 0 0 0 other 0 1 3 TOTAL 10 12 10 REINSPfCTION9 0 1 11 FIRE PRACTICES & MEETING l I 4 4 REMARKS: In June we had an uut-trr-twt: estimated fire lora of $80,500 reaulting from a - minor tranepOrt truck accident on Key. 3 at the Slue Line. Road. In town fire loaaaa were due to two vehicle fires, vandalism to a Arora Awning, a mattrexa rice with damage to floor, and broom, stored next to gas crater hearer igniting spreading fire to wall. JUN 12 '95 11:11 TOWN OF SSJMCCCE rs..0.1024,.., P.2/3 -, IS*Mr Rtbw Corporation eM....Onrelr POI fa ADMWIISTRAT!VE REPORT R � � ofthe � pill 4041rs "�� Terwn of Simms UPPARMENTIDRIVIIMA 1F1RE IIAO!I Of OATF~LAW: Juy 13, 1993 REPORT NO.. FRE 23.476 PRIPUIEDB RICHARD A SHAD, FIRE CHEF s FII F REREMMCE, TO OlIIUIRI 1AN Kinnear FOR TME OON RATION Or T14111 AD11$TAAft IN IxRMlRI`tE! AT THE IIIFFTRNAi 10 OE HEW ON TIJSC1*y. &VIZI 03, 1993 01JAATERLY FIRE REPORT R!C NTRA DATRON It Is recommended that the Quarterly Fore Papaw Tor Inn mamba u1 A1xiL May.and June. 1993-Schedule'A ixtwned-tie accepted i I en Inbrrl akn. clear AOAt+ TRA ry OFFK Pft APPROVAL AOMIMErr1ATI0w OCATINTRIE ACTION COMM,ACTAC1I1 DATE: OATS: • rRCSOLLRION I+ RESOLUTION/ ,_.mac D APf'fl O NOT APPFIrWFfl FI APPROVED U NOT A1NPIROYfO WTE. Q APPRpWCD WITH ALIE11CI,UNT Q AFFIX NEU WITH AME IDILENT D OTHER - d OTHER calremontrowsre 00 1311 • Setup: Fire Department expenses SAFETY 30 May 95 eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeleeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee£ aFire Department-expenses °Beg: 01 Jan 95 End: 31 Dec 95 Type : B uaaaaaaaaaaaa.aaaaaaaaaaaaaaaaaaaaaeaaaaaaaaaaaaaaoaaaaaaaaaaaaaaaaaaaaaaaaaaaaa3V AFIRE DEPARTMENT EXPENSES : ° 0 0 ❑ a 0 0 0 a aWages 0 11, 000 .00 ° 0 a a 0 ° 0 a n 0 11, 000 . 00 ° 0 ❑ a 0 0 0 a aBuilding Maintenance 0 1, 500 . 00 ° ° ❑ ❑Boat Maintenance 0 500 . 00 ° 0 a ❑Equipment purchases - minor 0 2, 000 .00 ° 0 a ❑Equipment repair\supplies 0 1, 500 . 00 ° 0 a UGasoline 0 300 . 00 ° 0 ❑ aHeating fuel 0 3, 000 . 00 ° 0 a aHealth & Safety 0 2, 500 . 00 ° 0 a ❑Hydro 0 1, 000 . 00 ° 0 0 'Material 0 500 . 00 ° 0 ❑ ❑Memberships 0 75 . 00 0 ° 0 UPager\Radio Systems 0 311 . 00 ° 0 a aSubscriptions ° 0 . 00 ° 0 a ❑Telephone 0 1, 700 . 00 ° 0 a ❑Training ° 2, 700 . 00 ° 0 0 ❑Truck Repairs .* 0 3,C 3 - .00 °" ' 0 a ❑Water\Sewer 450 . 00 ° 0 a o 0 0 0 a n 0 18, 036 .00 ° 0 0 a 0 0 0 a ❑ 0 0 0 ❑ ❑Alloc'n to Fire Truck Reserve 0 5, 000 . 00 ° 0 a a 0 _ ° ° a n ° 37,C 6j OC) 0 0 a ❑TOTAL EXPENSE$ - FIRE DEPT ° , 0 0 a O 0 0 0 ❑ O 1• '6'17' 19 1E_ P.9/n S P4iiito to / 0 55,00 , 0 0 0 ra ° 0 O ❑ a 0 Lf a10.'6,t0 . 0 0 a 0 0 0 a a 0 0 0 0 a 0 0 0 a 0 0 0 ❑ a 0 0 0 a a 0 0 0 a a 0 0 0 C7 a 0 0 0 0 0 4 0 0 0 a a 0 0 0 a a 0 0 0 0 a 0 0 0 a O 0 0 0 a ❑ j 0 0 0 a ❑ 0 0 0 0 a 0 0 0 0 II 0 O O a O 0 0 0 a uaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaea.aaaaaaaaaaaaaeaaaaaaaaaaaaaaeaaaaaaaaaaaaaa ❑ Description °Beg: 01 Jan 95 End: 31 Dec 95 Type: B 0 aeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeueeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeV Setup: Fire Fighting Equipment SAFETY 30 May 95 eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeieeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeE aFire Fighting Equipment °Beg: 01 Jan 95 End:31 Dec 95 Type: B c uaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaa€aaaaaaaaaaaaaaoaaaaaaaaaaaaaaoaaaaaaaaaaaaaaR [Fire Fighting Capital 0 0 0 c d 0 0 0 a aAir Tanks 0 2,000 . 00 4.4' 4 0 o IlagttiTilrer-4, v o ,1 0 b LiFirst Response Equipment 1, 000 . 00 0 / 0 a aFire Fighting Equipment 0 2, 500 . 00 ° / 0 a [Pager & Radios 0 1, 000 . 00 ° / 0 0 -'T ug tL- 4 "CC e•es 0 „,„---0-44- ° ° 0 0 , ° A C] 0 0 0 r aTOTAL FIRE FIGHTING EQUIPMENT 0 6, 500 . 00 ° 0 [] a ° 0 0 a Ci 0 0 0 0 O a 0 0 C] 0 0 0 0 Ca 0 0 0 a a 0 0 0 a O o 0 0 0 O 0 0 0 a C! 0 0 0 O 0 0 ° ❑ C] 0 0 0 a O 0 0 0 a in 0 . 0 0 a a 0 0 0 a O 0 0 0 0 O 0 0 0 0 a 0 0 0 0 O 0 0 0 a 0 0 0 0 II 0 0 0 C3 a 0 0 0 a 'c 0 0 0 a a 0 0 0 Ga c 0 ° . 0 a C] 0 0 0 CI p 0 0 0 a [7 0 0 0 c a 0 0 0 El CI 0 0 0 R O 0 0 0 c O 0 0 0 c C1 0 0 0 0 0 0 0 ra El 0 0 0 a [j 0 0 0 0 L 41 0 0 za C} 0 0 0 C7 Li 0 0 0 ❑ a 0 0 0 Li 0 0 ° 0 I O o 0 0 0 O o ° o a uaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaeaaaaaaaaaaaaaaeaaaaaaaaaaaaaaeaaaaaaaaaaaaaaN 'I U Description °Beg:01 Jan 95 End:31 Dec 95 Type: B a aeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeegueeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeY _ i 13 POR �0 THE CORPORATION OF THE VILLAGE OF PORT BURWELL 111110eW P. 0. Box 10. Port Burwell, Ontario NOJ ITO 461litgparatt telephone (519) 874-4343 • fax (519) 874-4948 PORrUS REFUGI'UM Memo Date: June 21, 1995 To: Council From: D. Free Re: Delegation Fire Chief and Deputy Fire Chief June 14, 1995 Regular Council Meeting Bylaw 95-39 Being a bylaw to repeal Bylaw 95-11 Council: Bylaw 95-11 changed the reporting structure of the Fire Department into a proper CAO system reporting to myself from a Commit-tee of Council. Its intention was to streamline the processes and to enable assistance to the fire department with what resources existed within the municipal offices. Considering the above said delegation to Council this attempt to help the department has obviously failed despite the efforts of the office and myself. I would„identify that absolutely no attempt has been made by the Fire Chief or Deputy Fire Chief to cooperate with the office in any matter other than to unjustly complain. Budget information to the office has been 5 months late and required repeated requests and prompting. This is not good management or cooperation. If problems were identified during the early stages of the budget process or for that matter in 1993 I may have been able to provide assistance. However, the first I heard of the Fire Truck issue was in the submission of the fire departments budget and it was without explanation. Council has been wisely frugal in operating financial matters however if the repair was to he permitted severe cuts would be required in the operating budgets. I would suggest that the municipality has ""come a long way" in 9„ntrolling costs and considering public safety (including occupational health and safety). Non identification of matters such as the fire truck disrepair (as articulated by the department) is negligent. David R. Free, CET, AMCT(A) • Administrator/Clerk-Treasurer In the matter of the Fire Truck I have attached an article from the Municipal Monitor( a magazine which is sent out as part of my membership service with AMCTO) regarding a Fire Chief which has contacts and can find ways and means to upgrade equipment and tracks for the municipal fire department. Reading this article it seems that efforts are constructive and cooperative instead of destructive and uncooperative. I personally pride myself on finding solutions to problems. I hope that council can verify this"modus operandi" in various matters during the 30 months with the municipality. I cannot solve problems which I do not know exist or parties do not wish to share in a spirit of cooperation towards a solution. This has in fact been the approach of the Fire Department. I had further expended my efforts and obtained fire department reporting structures from the Town of Simcoe as a statistical means of reporting on activities within the department. This •is something that a Fire Chief should be concerned with however, it seems the priorities are different. This again shows that I have made the effort of cooperation and improved relations I would expect the same courtesy. Please review the attached information, memos, magazine article, bylaw and resolution at your earliest convenience for final resolution in this matter. D. Free Enols. 2 The Corporation of the Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell, Ontario By-Law 95-40 Being a By-Law to authorize the Reeve and the Administrator/Clerk-Treasurer to enter into an agreement with Bradcranex for the purpose of the operation of a museum. WHEREAS the Municipal Act RSO 1990 c. M.45 Section 102 provides that every council may pass such by-laws and make such regulations for the health, safety, morality and welfare of the inhabitants of the municipality in matters not specifically provided for lry this Act and for governing the conduct of its members as may be deemed expedient and are not contrary to law. AND WHEREAS the Council of the Corporation of the Village of Port Burwell deems it necessary MM to enter into a Land Lease Agreement with Bradcranex. The Council of the Village of Port Burwell hereby directs the Reeve and Administrator/Clerk- Treasurer to enter into the agreement with Bradcranex. Read a first an. and tim,- this 6th day of July, 1995. /it l 4 M. rator/Clerk-Treasurer Read a third t' e and finally passed this 6th day of July, 1995. 1114 `stratoriClerk-Treasurer 1 • THIS INDENTIJRE made this 6th day of July, 1995. • BETWEEN: BRADCRANEX INC. (hereinafter called the"Landlord") OF THE FIRST PART and THE CORPORATION OF THE VILLAGE OF PORT BURWELL (hereinafter called the"Tenant") OF THE SECOND PART IN CONSIDERATION of the mutual covenants contained in this lease agreement, the parties agree as follows: 1. Demise The Landlord, in consideration of the rents and covenants hereinafter stipulated to be paid by the Tenant, leases to the Tenant for the Term, the demised premises as set out in Schedule"A" attached hereto. 2. Term The Tenant shall have the right to hold the demised premises for a term of one year commencing with the first day of April and continuing unit the 31st day of March, 1996. 3. Rt The Tenant shall pay to the Landlord a yearly rent of$100.00 (One Hundred Dollars), which rent is due on the first day of the Term, being the first day of April, 1995. 4. Lac The Tenant shall use the demised premises for the purpose of the operation of a museum and the display of artifacts . 1 • 5. Utility payment,& The Tenant shall pay all utilities charged to the demised premises and shall ensure that the demised premises are heated as required. 6. In=rano. The Tenant shall take out and keep in force throughout the Term comprehensive general liability insurance against claims for personal injury, death or property damage or loss arising out of all operations of the Tenant and subtenants, concessionaires, licensees and other persons conducting business on or from the demised premises, indemnifying and protecting the Landlord and the Tenant to a limit of$1,000,000.00 inclusive. 7. Indemnification of the Landlord The Tenant covenants to indemnify the Landlord and save the Landlord harmless from and against any and all claims, damages, liability and expenses in connection with loss of life, personal injury or damage to property arising from any occurrence on the demised premises or the occupancy or use of the demised premises or occasioned wholly or in part by any act or omission of the Tenant, its officers, employees, agents customers, contractors or other invitees, licensees or concessionaires or by anyone permitted by the Tenant to be on the premises. S. Worker's Compensation Insurance If the nature of the Tenant's operation is such as to place all or any of the Tenant's employees under the coverage of Worker's Compensation or similar statutes, the Tenant will keep in force, at its expense, during the Term, Worker's Compensation or similar insurance affording statutory coverage and containing statutory limits. 9. Nuisance and Tenant's Observance of Laws The Tenant covenants not to cause, permit or suffer any unusual or objectionable noises or odors to emanate form the demised premises. The Tenant shall deposit all garbage, debris, trash and refuse in the areas designated by the Landlord, for collection by the municipal authority. The Tenant shall observe and fulfill the lawful provisions and requirements of all statues, by- laws, rules and regulations, municipal, provincial, or federal, relating to the demised premises, and, in particulate and, without limiting the generality of the foregoing, shall maintain and operate the lands adjacent to the lighthouse. 2 10.0 Afigignment The Licensee may not sublet or assign or transfer its interest in this Licence without securing a the written consent of the Landlord, which consent may not be unreasonably and arbitrarily refused by the Landlord. 11.0 Notice That all notices which it may be necessary or proper for either party to serve upon the other shall be effectively served if sent postage prepaid to the following addresses: Tenant's Address: Village of Port Burwell Post Office Box #10 Port Burwell ON NOJ 1TO Landlord: Bradcranex Inc. PO Box 59 Port Burwell ON NOJ 1TO 3 All notices so mailed shall be deemed to have been received on the third business clay after mailing provided that each party may from time to time specify in writing a new address to which any such notice shall thereafter and until further notice be sent. IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals. CORPORATION OF THE VILLAGE OF PORT BURWELL C•4#;41;:/i /F Fr Date eeve Administrator/CClerk-Treasurer i7e dcrannex Inc. I have the authority to bind •e Corporation )1. A //V Ron Bradfield 4 • "JS 519 433 8635 H F PETERSON LLB 06/26/95 12!26 P01 MICHAEL F.PETERSON Phuuc. (519)433-8635 Barrister& SoliCitnr Fax: as above M Bruce Street Lzincion,Ontario N8C: IG6 MyFiIcNO.,fj/d 7 FAX COVER SHEET TO: /471(7€ e.16Perrt A'- Fax:61fT) g7K_- 5"Pr. ATITN'i-ION: "9.4..v.,irk r e RE: /er.•."►(c r..---- ,r f€' P-0--d DATE: Tc.....�. 2,l 9 s� TYMi Number of pages including cover sheet: c-- Menage: THIS M WACP.TP Drum .l POR TEl[ISI OF THS INDIVIDUAL TO WHOM 1l`18 APUN iw AND MAY CONTAIN INFORMATION THAT It CONFIDENTIAL D YOU HAVE QPIW1VP]1 TAM COMMUNICATION 4 ERROL P1 iA5E DzsTRoY AND NOTIFY MI CM[MEMATELY EY TLL PII0N 'i!T 519 433 8635 H F PETERSON LLB 06/26'95 12.27 P02 MICHAEL F. PETERSON, B.Sc.(Agr), LL.B. Barrister & Solicitor 68 Bruce Street, London, Ontario N6C 1G6 (519) 433-8635 95102 June 26, 1995 Village of Port Burwell P.O. Box 10 Port Burwell, Ontario NOJ 1 TO Attention: David Free Administrator/Clerk-Treasurer Dear Mr. Free: ite; Leases with Bradcranel I enclose a draft lease for your review. 1 understand that what you are looking for is a very short, simple lease, which can be used both for the Village waterlot and lands and the Bradcranex property. I must note that the lease as prepared, does not cover the myriad of issues that leases usually deal with. I have attempted to deal with the essential items which you have raised in our conversations. You should ensure that the schedules setting out the demised premises, are accurate and complete. It is important that the extent of the property leased to Bradcranex is accurately identified. There arc no provisions for re-entry, bankruptcy of the tenant, destruction of premises, tenant's/landlord's duties to repair, and the provisions respecting insurance are as brief as possible and do not contain any of the provisions relating to who shall be named insureds, cancellation of insurance etc.. However, keeping in mind the amount of rent involved, the basics are covered. If you have any concerns about missing clauses, I would have no objection to more clauses being added. Please review the Village's needs in particular, with respect to the use of the marina. Please call if you have any questions. Yours very truly, THIS INDENTURE made this day of , 1995 BETWEEN: THE CORPORATION OF THE VILLAGE OF PORT BURWELL (hereinafter called the"Landlord") OF THE FIRST PART -and- BRADCRANEX INC. (hereinafter called the"Tenant") OF THE SECOND PART IN CONSIDERATION of the mutual covenants contained in this lease agreement, the parties agree as follows: 1. kuniat The Landlord, in consideration of the rents and covenants hereinafter stipulated to be paid by the Tenant, leases to the Tenant for the Term, the demised premises as set out in Schedule"A" attached hereto. 2. unn The Tenant shall have the right to hold the demised premises for a term of one year, commencing with the first day of and continuing until the 31st day of 3. Ent The Tenant shall pay to the Landlord a yearly rent of$100.00(One Hundred Dollars), which rent is due on the first day of the Term,being the first day of 1995. '! ' 519 433 8635 1 F PETERSON LLB 86/26/95 12:29 PO4 • 4. lag The Tenant shall use the demised premises for the purpose of a marina operation. [for the lease where the Village is the Tenant,put in"purpose of retail sales and the display of artifacts and memorabilia related to the operation of the Lighthouse u a tourist attraction."] 5. Utility Dements The Tenant shall pay all utilities charged to the demised premises and shall ensure that the demised premises are heated as required. S. Ipsurance The Tenant shall take out and keep in force throughout the Term comprehensive general liability insurance against claims for personal injury, death or property damage or loss arising out of all operations of the Tenant and subtenants, concessionaires, licensees and other persons conducting business on or from the demised premises, indemnifying and protecting the Landlord and the Tenant to a limit of$1,000,000.00 inclusive. 7. index lflcatioa of t6e��andlord The Tenant covenants to indemnify the Landlord and save the Landlord harmless from and against any and all claims, damages, liability and expenses in connection with loss of life, personal injury or damage to property arising from any occurrence on the demised premises or the occupancy or use of the demised premises or occasioned wholly or in part by an act or omission of the Tenant, its officers, employees, agents, customers, contractors or other invitees, licensees or concessionaires or by anyone permitted by the Tenant to be on the premises. (If you want the Landlord to take out and maintain insurance on the buildings etc., then you should have a clause saying so. It could read as&llows: X. yr gisE ranee The Landlord will take out and keep in force throughout the Term all risk direct damage insurance on the buildings and other improvements comprising the premises, in an amount which would be carried by a prudent owner. Each insurance policy referred to in this section will contain, if available, a waiver of the right of subrogation against the Tenant to the extent only of that part of a claim against the Tenant in excess of the amount. of comprehensive general liability insurance which this Tenant is required to take out and keep in force under this lease. tr 519 433 8635 H F PETERSON LLB 006,26,95 11!31 P05 3 8. Zerker'r Compensation Insurance lithe nature of the Tenant's operation is such as to place all or any of the Tenant's employees under the coverage,of worker's compensation or similar statutes, the Tenant will keep in force, at its expense, during the Term, wutka's compensation or similar insurance affording statutory coverage and containing statutory limits. 9. Noiaaece and Tenant's Observance of Laws The Tenant covenants nut tu cause,permit or suffer any unusual or objectionable noises or odours to emanate from the demised premises. The Tenant shall deposit all garbage,debris.trash and refuse in the areas designated by the Landlord, for collection by the municipal authority. The Tenant shall observe end fulfill the lawful provisions and requirements of all slatutea,try-laws, rules and regulations, municipal, provincial or federal, relating to the demised premises,and, in particular and,without limiting the generality of the fbregoinm shall maintain and operate the watertot and lands demised in accordance with all laws effecting the operation ofa marina. It 519 433 8635 H F PETERSON LLB 06/26/95 12:29 P03 The Corporation of the Village of Port Burwell Post Office Box #10 0 21 Pitt Street Port Burwell, Ontario By-Law 95-41 Being a By-Law to authorize the Reeve and the Administrator/Clerk-Treasurer to enter into an agreement with Bradcranex for the purpose of a marina operation. WHEREAS the Municipal Act RSO 1990 c. M.45 Section 102 provides that every council may pass such by-laws and make such regulations for the health, safety, morality and welfare of the inhabitants of the municipality in matters not specifically provided for by this Act and for governing the conduct of its members as may be deemed expedient and are not contrary to law. AND WHEREAS the Council of the Corporation of the Village of Port Burwell deems it necessary to enter into a Land Lease Agreement with Bradcranex. The Council of the Village of Port Burwell hereby directs the Reeve and Administrator/Clerk- Treasurer to enter into the agreement with Bradcranex. Read a first • second ime this + day of July, 1995. / 14 /f/ d ..� eeve Admi strator/Clerk-Treasurer Read a third ti. an• pass- this 6th day of July, 1995. OW 40. OA' i • • .4 i.'z rator/Clerk-Treasurer 1 THIS INDENTURE made this 6th day of July, 1995. BETWEEN: THE CORPORATION OF THE VILLAGE OF PORT BURWELL (hereinafter called the "Landlord") OF THE FIRST PART and BRADCRANEX INC. (hereinafter called the "Tenant") OF THE SECOND PART IN CONSIDERATION of the mutual covenants contained in this lease agreement, the parties agree as follows: 1. The Landlord, in consideration of the rents and covenants hereinafter stipulated to he paid by the Tenant, leases to the Tenant for the Term, the demised premises as set out in Schedule"A"attached hereto. 2. 'sum The Tenant shall have the right to hold the demised premises for a term of one year commencing with the first day of April and continuing until the 31th day of March 1996. 3. Rent The Tenant shall pay to the Landlord a yearly rent of $100.00 (One Hundred Dollars), which rent is due on the first clay of the Term, being the first day of April, 1995. 4. Use • The Tenant shall use the demised premises for the purpose of a marina operation. 1 a 5. Utility payments • The Tenant shall pay all utilities charged to the demised premises and shall ensure that the demised premises are heated as required. 6. Insurance, The Tenant shall take out and keep in force throughout the Term comprehensive general liability insurance against claims for personal injury, death or property damage or loss arising out of all operations of the Tenant and subtenants, concessionaires, licensees and other persons conducting business on or from the demised premises, indemnifying and protecting the Landlord and the Tenant to a limit of$1,000,000.00 inclusive. 7. Indemnification of the Landlord The Tenant covenants to indemnify the Landlord and save the Landlord harmless from and against any and all claims, damages, liability and expenses in connection with loss of life, personal injury or damage to property arising from any occurrence on the demised premises or the occupancy or use of the demised premises or occasioned wholly or in part by any act or omission of the Tenant, its officers, employees, agents customers, contractors or other invitees, licensees or concessionaires or by anyone permitted by the Tenant to be on the premises. 8. Worker's Compensation Insurance If the nature of the Tenant's operation is such as to place all or any of the Tenant's employees under the coverage of Worker's Compensation or similar statutes, the Tenant will keep in force,at its expense,during the Term,Worker's Compensation or similar insurance affording statutory coverage and containing statutory limits. 9. Nuisance and Tenant's Observance of Laws The Tenant covenants not to cause, permit or suffer any unusual or objectionable noises or odors to emanate form the demised premises. The Tenant shall deposit all garbage, debris, trash and refuse in the areas designated by the Landlord, for collection by the municipal authority. The Tenant shall observe and fulfill the lawful provisions and requirements of all statues, by- laws, rules and regulations, municipal, provincial, or federal, relating to the demised premises, and, in particulate and, without limiting the generality of the foregoing, shall • 2 • maintain and operate the waterlot and lands demised in accordance with all laws affecting the operation of a marina. 10.0 Assidnmcnt The Licensee may not sublet or assign or transfer its interest in this Licence without securing the written consent of the Municipality, which consent may not he unreasonably and arbitrarily refused by the Municipality. 11.0 Notice That all notices which it may be necessary or proper for either party to serve upon the other shall be effectively served if sent postage prepaid to the following addresses: Tenant's Address: Bradcranex Inc. Pd Box 59 Port Burwell ON NOJ 1.TO Municipality's Address: Village of Port Burwell Post Office Box #10 Port Burwell ON NOJ ITO .r 3 • • All notices so mailed shall be deemed to have been received on the third business day after mailing provided that each party may from time to time specify in writing a new address to which any such notice shall thereafter and until further notice he sent. IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals. CORPORATION OF THE VILLAGE OF PORT BURWELL J I Date R AdministratoriCleriz-Treasurer r *"t r I�ir r I Ron Bradfield 4 The Corporation of the Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell, Ontario By-Law 95-42 Being a By-Law to authorize the Reeve and the Administrator/Clerk-Treasurer to enter into an Agreement with Elgin Construction for the Road Reconstruction of the Addison Street Area. WHEREAS the Council of the Village of Port Burwell has received supplementary funding from the Ministry of Transportation in order to reconstruct roads in the Addison Street area, and; WHEREAS the road reconstruction project is part and commensurate with The Port Burwell Roads Management Study (Draft), and; Tendering for the project was completed by Cyril J. Demeyere Limited, Consulting Engineers June 26, 1995 in accordance to the specified formats by the Ministry of Transportation. The Council of the Village of Port Burwell upon review of the tenders received in this matter and opened on June 26, 1995 hereby directs the Reeve and Administrator/Clerk-Treasurer to enter into the Form of Agreement with Elgin Construction. 1 • Read a first and seco d time this 27th clay of June, 1995. t +•'strator/Clerk-Treasurer Read a third time _,.d fin. passed this 27th clay of June, 1995. r eeve gator/C1erk-Treasurer tf‘24. • 2 CONTRACT DOCUMENTS RECONSTRUCTION OF ADOISON STREET AREA CONTRACT NO. 2 VILLAGE OF PORT BURWELL CYRIL J. DEMEYERE LIMITED CONSULTING ENGINEERS TILLSONBURG.ONTARIO CLOSING DATE: 12 NOON, MONDAY, 26 JUNE 1995 PLACE: CLERK'S OFFICE, 21 PITT STREET, PORT BURWELL, ONTARIO NOJ ITO CONTRACT DOCUMENTS RECONSTRUCTION OF ADDISON STREET AREA CONTRACT NO. 2 VILLAGE OF PORT BURWELL 9531 JUNE 1995 JUNE 1995 CYRIL J. DEMEYERE LIMITED, CONSULTING ENGINEERS P.O. BOX 606, 261 BROADWAY, TILLSONBURG, ONTARIO N4G 4J1 (519)688-1000 (FAX)842-3235 INDEX 411 INFORMATION FOR TENDERERS FORM OF TENDER FORM OF AGREEMENT GENERAL CONDITIONS SUPPLEMENTARY GENERAL CONDITIONS SPECIFICATIONS PART I SEWERS PART 2 ROADWORK INDEX FOR INFORMATION FOR TENDERERS PAGE 1. LOCATION IT-1 2. SCOPE OF WORK IT-I 3. OWNER IT-1 4. DELIVERY OF TENDERS IT-1 5. SURETY, DEPOSIT IT-1 6. TIME FOR COMPLETION IT--2 7. WITHDRAWAL OR QUALIFYING OF TENDERS IT-2 8. INFORMAL OR UNBALANCED TENDERS IT-2 9. DISQUALIFICATION OF TENDERS IT-3 10. TENDERS IT-3 11. ACCEPTANCE OF TENDERS IT-3 12. BONDS IT-4 13. LIABILITY INSURANCE IT-4 14. WORKERS' COMPENSATION BOARD IT-5 15. SUBCONTRACTS IT-5 16. SUBSURFACE CONDITIONS IT-6 17. OMISSIONS AND DISCREPANCIES IT-6 18. QUANTITIES IT-7 19. DELETION OF ITEMS IT-7 20. METHOD OF MEASUREMENT AND PAYMENT IT-7 21. CONSTRUCTION SCHEDULE IT-8 22. LIQUIDATED DAMAGES IT-8 23. GUARANTEED MAINTENANCE IT-9 24. DATE OF SUBSTANTIAL COMPLETION IT-10 25. DATE OF COMPLETION IT-11 26. PROGRESS CLAIMS AND PAYMENT IT-11 27. ONTARIO RETAIL SALES TAX IT-12 28. GOODS AND SERVICES TAX (GST) IT-12 29. LABOUR CONDITIONS IT-12 30. FIELD OFFICE FOR ENGINEER IT-14 31. METRICATION IT-14 RECONSTRUCTION OF ADDISON STREET AREA 9531 r CONTRACT NO. 2 VILLAGE OF PORT BURWELL INFORMATION FOR TENDFRERS 1 . LOCATION The area involved is shown on Drawing #1. 2. SCOPE OF WORK The work consists of providing all labour, equipment, supervision and supplying of all materials necessary for the complete installation and construction of the following: STORM SEWER GRANULAR ROADBASE 3. OWNER The Owner is the Village of Port Burwell . 4. DELIVERY OF TENDERS Tender shall be submitted in a sealed envelope, clearly marked as follows: RECONSTRUCTION OF ADDISON STREET AREA, CONTRACT NO. 2 Tenders will be received until 12 noon local time on MONDAY, 26 JUNE 1995 at the office of the Clerk, 21 Pitt Street, Port Burwell , Ontario. NOJ 1T0. The use of the mails or courier services for delivery of a tender will be at the risk of the Tenderer. 5. SURETY DEPOSIT Each tender must be accompanied by a certified cheque in the amount of $12,000 submitted by the Contractor and made payable to: VILLAGE OF PORT BURWELL Bid bonds will not be accepted. 6. TIME FOR COMPLETION . Refer to Addendum No. 1. 7. WITHDRAWAL OR QUALIFYING OF TENDERS A Tenderer who has already submitted a tender may submit a further tender at any time up to the closing time. The last tender received shall supersede and invalidate all tenders previously submitted by that Tenderer for this contract. A Tenderer may withdraw or qualify his tender at any time up to the closing time by submitting a letter bearing his signature and seal as in his tender to the person or office receiving the tenders who will mark thereon the time and date of receipt and will place the letter in the tender box. The Tenderer shall show his name and the project and contract numbers on the envelope containing such letter. No telegrams or telephone calls will be considered. 8. INFORMAL OR UNBALANCED TENDERS All entries in the Form of Tender shall be made in ink or by typewriter. Entries or changes made in pencil shall , unless otherwise decided by the Owner, be invalid or informal . Tenders which are incomplete, conditional , illegible or obscure, or that contain additions not called for, reservations, erasures, alterations (unless properly and clearly made and initialled by the Tenderer's signing officer) or irregularities of any kind, may be rejected as informal . Prior to accepting or rejecting a conditional tender, the Owner reserves the right to request the next two Tenderers to modify their tenders based on the condition attached to the lowest tender. Should either of the next two tenders become the lowest, the Owner reserves the right to accept the modified tender. Tenders that contain prices which appear to be so unbalanced as likely to affect adversely the interest of the Owner may be rejected. Wherever in a tender the amount tendered for an item does not agree with the extension of the estimated quantity and the tender unit price, the unit price shall govern and the amount and the Total Tender Price shall be corrected accordingly, unless otherwise directed by the Owner. If a Tenderer has omitted to enter a price for an item of work set out in the Form of Tender, he shall , unless he has specifically stated otherwise in his tender, be deemed to have allowed elsewhere in the Form of Tender for the cost of carrying out the said item of work and, unless otherwise agreed to by the Owner, no increase shall be made in the Total Tender Price on account of such omission. INFORMATION FOR TENDERERS IT-2 9. DISQUALIFICATION OF TENDERS Under no circumstances will tenders be considered which: a) are received after the closing time; and/or b) are not accompanied by a certified cheque in the amount specified. 10. TENDERS Tenders must be submitted on the Form of Tender marked "This set of the Form of Tender to be submitted in a sealed envelope" together with an Agreement to Bond, a tender deposit as required herein, together with any further forms or sheets which the Tenderer is instructed elsewhere herein, or in any addendum hereto, to submit with his tender. The Tenderer may retain the rest of the tender documents issued to him. 11. ACCEPTANCE OF TENDERS TENDER PRICES SHALL BE VALID FOR A PERIOD OF FORTY-FIVE (45) DAYS FROM THE CLOSING DATE. The lowest or any tender will not necessarily be accepted. The deposits of the unsuccessful tenderers will be returned without interest upon execution of a contract with the successful Tenderer. The deposit of the Tenderer whose tender is accepted will be forfeited by him to the Owners as liquidated damages should the Tenderer fail to execute a contract within seven (7) days after being notified in writing by the Engineer of the acceptance of his tender, or to supply the satisfactory bonds as stipulated in the General Conditions. All deposits will be returned without interest should a contract not be negotiated within thirty (30) days of the date of closing of this tender. A tender is accepted by the Owner when the Agreement in the form bound herein is executed by the Owner and by the Tenderer or when the Engineer has issued a written order to commence work to the Tenderer. INFORMATION FOR TENDERERS IT-3 12. BONDS THE TENDER FOR THIS CONTRACT MUST BE ACCOMPANIED BY AN "AGREEMENT TO BOND". THIS AGREEMENT IS A GUARANTEE THAT THE BONDING COMPANY WILL BOND THE CONTRACTOR WITH A 100% PERFORMANCE AND A 100% LABOUR AND MATERIALS PAYMENT BOND. On acceptance of the Tender, the Contractor shall furnish a 100% Performance Bond and a 100% Labour and Materials Payment Bond. The Labour and Materials Payment Bond must be submitted on a Private Contracts - Trustee Form. All bonds shall be issued by a licensed Canadian bonding company. The Performance Bond shall make specific reference to the period of guaranteed maintenance. Refer to Section 23 in the Information for Tenderers. Tenders which are not accompanied by a proper Agreement to Bond for the full contract price may not be accepted. Work shall not commence on the project until the proper bonds have been received by the Owner. 13. LIABILITY INSURANCE The Contractor shall state in the Form of Tender the amount of liability insurance carried and the company with which he is insured. The liability insurance shall : (a) have a limit of liability of not less than $5,000,000.00 inclusive for any one occurrence; (b) be Comprehensive Liability Insurance covering all operations and liability assumed under the Contract; (c) not contain any exclusions or limitations in respect of shoring, underpinning, raising or demolition of any building or structure, pile driving, caisson work, collapse of any structure of subsidence or any property structure of land from any cause; (d) name the following as co-insured: Village of Port Burwell Cyril J. Demeyere Limited (e) have the Contractor assume the defence of and indemnify and save harmless those parties referred to in (d) from all claims relating to labour, equipment and materials furnished for the work; INFORMATION FOR TENDERERS IT-4 13. LIABILITY INSURANCE (Cont'd111 } (f) include insurance against liability for bodily injury and property damage caused by vehicles owned by the Contractor and used on the work, and in addition, shall include insurance against liability for bodily injury and property damage caused by vehicles not owned by the Contractor and used on the work. Each such insurance shall have a limit of liability of not less than $2,000,000.00 inclusive for any one occurrence. A "vehicle" shall be as defined in the Highway Traffic Act; (g) be endorsed to provide that the policy or policies will not be altered, cancelled or allowed to lapse without thirty days written notice to the Owner; and The Contractor shall assume the defence of and indemnify and save harmless the co-insured from all claims relating to labour, equipment and materials furnished for the work. Work shall not commence until the insurance certificates and/or endorsements covering the above items have been received by the Owner. 14. WORKERS' COMPENSATION BOARD Prior to commencing work, the Contractor shall furnish a satisfactory clearance letter from the Workers' Compensation Board stating that all assessments or compensations payable to the Workers' Compensation Board have been paid. A similar clearance letter will also be required prior to the release of holdback, 15. SUBCONTRACTS • (a) The Tenderer must give in the Form of Tender, if requested, the name and address of each proposed subcontractor used in making up his tender stating the portion of the work allotted to each. One subcontractor shall be named for each part of the work to be sublet. (b) After the tender has been accepted by the Owner, the Contractor will be allowed to substitute other subcontractors in place of those named in his tender up to the signing of the Agreement. 410 INFORMATION FOR TENDERERS IT-5 15. SUBCONTRACTS (Cont'd) (c) The Owner shall have the privilege of refusing to accept any subcontractors which may be deemed unqualified. (d) The Contractor shall be held as fully responsible to the Owner for the acts and omissions of his subcontractors, and of persons directly or indirectly employed by them as for the acts and omissions of persons directly employed by him. (e) The Contractor shall be responsible for supervising his subcontractors. 16. SUBSURFACE CONDITIONS To assist Tenderers, the Engineer will have test pits excavated at the site of the works at a time and date to be advised. All Tenderers may visit the site and inspect these pits. No further test digging will be permitted, except with the prior written approval of the Engineer. Tenderers must visit the site of the work before submitting their tender and must satisfy themselves by personal examination as to the local conditions to be met with during the construction and conduct of the work. They shall make their own estimate of the facilities and difficulties to be encountered, including the nature of the subsurface materials and conditions. Tenderers are not to claim at any time after submission. of their tender that there was any misunderstanding with respect to the conditions imposed by the Contract. 17. OMISSIONS AND DISCREPANCIES Should a Tenderer find discrepancies in, or omissions from the drawings or contract documents or should he be in doubt as to their meaning, he should notify the consulting engineer who may send a written instruction to all Tenderers. In the event of any discrepancies whatever or ambiguity of any symbol , note, abbreviation, etc. used in the Specifications or on the Contract Drawings, the Contractor shall obtain clarification from the Engineer prior to submitting his tender. Requests for clarification must be in writing to the Engineer. No telephone requests or telegrams will be considered. INFORMATION FOR TENDERERS IT-6 18. QUANTITIES The quantities shown for the items in the Form of Tender are estimated only and are for the sole purpose of indicating to Tenderers the general magnitude of the work. For work done or materials supplied on a unit price basis, the Contractor will be paid for the actual measured quantities at the respective unit prices tendered. The Engineer has the right to increase or to reduce the quantities required or to suspend or omit any item or portion of the work at any time as he may deem advisable. The Contractor shall not be entitled to any compensation for loss of anticipated profit as a result of the deletion of any item or part of an item from the Form of Tender, unless the actual quantity of work performed on a major item of the Contract exceeds by twenty-five percent (25%) or is less than twenty-five percent (25%) of a quantity shown in the Tender Form for such major item, and if there is a resulting change in the cost of work or material , then either party to the Contract upon written request of the other, can request that negotiations be held to establish the increase or decrease in the compensation for the affected items of work. Under this provision, the definition of a major item shall be any individually bid tender item that has a tender cost equal to or greater than five percent (5%) of the total tender price. Where the actual quantity of work exceeds the quantity in the Form of Tender by twenty-five percent (25%) or more, any increase or decrease in the unit price shall apply only to the increase in quantity. This section does not apply to items in the Form of Tender which are designated as possible deletions. 19. DELETION OF ITEMS The Engineer retains the right .to delete any items in the Form of Tender which are designated as possible deletions. The Contractor shall not have any recourse as to additional payment for such deleted items. 20. METHOD OF MEASUREMENT AND PAYMENT Measurement of finished work and method of payment shall be as outlined in the Form of Tender and in the Specifications. INFORMATION FOR TENDERERS IT-7 21. CONSTRUCTION SCHEDULE The Contractor shall be required, prior to the start of the work, to submit a construction schedule. 22. LIQUIDATED DAMAGES In the event the Contractor fails to complete the works hereunder, in accordance with the specifications and to the satisfaction of the Engineer, within the time specified, the Contractor shall pay to the Owner (in addition to Inspector`s wages) the sum stipulated below for each and every calendar day that the works shall remain unfinished after the respective time specified; which said sum, in view of the difficulty of ascertaining the losses which the Owner will suffer by reason of delay in the performance of the said works, is hereby agreed upon, fixed and determined by the parties hereto as the liquidated damages that the Owner will suffer by reason of said delay and default, and not as a penalty. The Owner may deduct and retain the total amount of the same from the monies which may be due or may become due to the Contractor under this Contract. In accordance with the above paragraph, should the Contractor fail to complete the works to the satisfaction of the Engineer and in accordance with the Contract within the Time for Completion specified or the extended time allowed in writing by the Engineer, the Contractor shall pay to the Owner as liquidated damages the sum of $200.00 for each calendar day that the works remain uncompleted after the time so specified or allowed. If this time limit is not sufficient to permit completion of the work by the Contractor working a normal number of hours each day or week on a single daylight shift basis, it is expected that additional and/or augmented daylight shifts will be required throughout the life of the Contract to the extent deemed necessary by the Contractor to ensure that the work will be completed within the time limit specified. Any additional costs occasioned by compliance with these provisions will be considered to be included in the prices bid for the various items of work and no additional compensation will be allowed therefore. If the Contractor is delayed in the completion of the work, (a) by reason of changes or alterations made and or scope of work; (b) by reason of any breach of Contractor or prevention by the Owner, or other Contractor of the Owner or any employee of any one of them; (c) by reason of delay by the Owner in issuing instructions or information or in delivering materials; INFORMATION FOR TENDERERS IT-8 22. LIQUIDATED DAMAGES (Cont'd) 10 (d) by any other act or neglect of the Owner or any other Contractor of the Owner or any employee of any one of them; (e) for any cause beyond the reasonable control of the Contractor, the time of completion may be extended in writing at any time on such terms and for such period as shall be determined by the Owner, and notwithstanding such extensions, time shall continue to be deemed of the essence of this contract. An application by the Contractor for an extension of time as herein provided shall be made to the Owner in writing at least fifteen days prior to the date of completion fixed' by the Contract. All bonds and other surety furnished to the Owner by the Contractor shall be amended where necessary at the expense of the Contractor to provide coverage beyond the date of any extension of time granted, and the Contractor shall furnish the Owner with evidence of such amendment of the bonds or other surety. Any extension of time that may be granted to the Contractor shall be so granted and accepted without prejudice to any rights of the Owner whatsoever under this Contract, and all of such rights shall continue in full force and effect after the time limited in this Contract for the completion of work and whenever in this Contract power and authority is given to the Owner or the Engineer or any person to take any action consequent upon the act, default, breach, neglect, delay, non-observance or non-performance by the Contractor in respect of the work. or Contract, or any portion thereof, such powers or authorities may be exercised from time to time and not only the event of the happening of such contingencies before the time limited in this Contract for the completion of the work, but also in the event of the same happening after the time so limited in the case of the Contractor being permitted to proceed with the execution of the work under an extension of time granted by the Owner. 23. GUARANTEED MAINTENANCE (a) The guarantee and maintenance period shall commence on the DATE OF COMPLETION OR ACCEPTANCE by the Owner and NOT THE DATE OF SUBSTANTIAL COMPLETION, and shall be 24 months for all work. (b) All releases of holdback shall be subject to the conditions set out in Clause 108-3 of the General Conditions - MTC Form M-100, Revised April 1983; notwithstanding that the release of the holdback will be subject to receipt of maintenance security by the Owner. INFORMATION FOR TENDERERS IT-9 23. GUARANTEED MAINTENANCE (Cont'd) (c) The Contractor shd'll provide maintenance security in the form of an irrevocable LETTER OF CREDIT, or other forms of readily negotiable security acceptable to the Engineer to remain in effect for 24 months, in the amount of 5% for the first 12 months, 3% for the second 12 months of the final contract price and until correction of any deficiencies or the completion of uncompleted work found in the maintenance period. The Contractor agrees that the Owner may draw on the LETTER OF CREDIT or security to correct any maintenance deficiencies or complete any uncompleted work arising in the guarantee and maintenance period, provided that the Contractor has been previously notified of deficiencies and has been given ample opportunity to correct same. 24. DATE OF SUBSTANTIAL COMPLETION A contract will be considered substantially complete when (a) the improvement to be made under the contract or a substantial part thereof is ready for use or is being used for the purposes intended; and (b) the improvement to be made under the contract is capable of completion or, where there is a known defect, correction, at a cost of not more than, (i) 3 percent of the first $500,000 of the contract price (ii) 2 percent of the next $500,000 of the contract price and, (iii ) 1 percent of the balance of the contract price The Contractor shall publish the date of substantial completion in the Daily Commercial News. 410 INFORMATION FOR TENDERERS IT-10 25. DATE OF COMPLETION 410 The DATE OF COMPLETION or ACCEPTANCE will be when: (a) The works have satisfactorily passed the required inspection and testing. (b) The cost of completion of all outstanding work and known defects is not more than the lesser of (i) one percent of the contract price (ii) $1,000.00 (c) The following documents have been received: (i) The Contractor' s final claim (including the value of work completed since the date of substantial performance) . (ii) An up-to-date release by the Contractor in a form satisfactory to the Engineer upon releasing the Owner from all further claims relating to the Contract. (iii) Statutory Declarations on forms provided by the Engineer that all liabilities incurred by the Contractor and his subcontractors in carrying out the Contract have been discharged and that all liens in respect of the Contract and subcontracts thereunder have expired or have been satisfied, discharged or provided for by payment into Court. 26. PROGRESS CLAIMS AND PAYMENT Payment to the Contractor shall be made monthly for ninety percent (90%) of the value of all materials installed and workmanship completed based on a monthly estimate of the total value of work completed to date prepared by the Engineer in accordance with the Form of Tender. Decision of the Engineer shall be final in determining the value of the work each month. MATERIALS ON SITE BUT NOT INSTALLED WILL NOT BE INCLUDED IN THE PROGRESS PAYMENTS. The Engineer will be allowed 10 days to prepare and submit the Payment Certificate to the Owner. The Owner will then be allowed 30 days to pay the amount owing to the contractor. INTEREST ON LATE PAYMENTS SHALL BE 1.0% PER MONTH. 410 INFORMATION FOR TENDERERS IT-11 27. ONTARIO RETAIL SALES TAX • All prices tendered for the works and for any additional or extra work shall be ALL APPLICABLE SALES TAX INCLUDED. The Tenderer shall allow in his price for all Retail Sales Tax that he may be required to pay on materials and equipment to be utilized or expended in the construction of the works. The Owner will not consider any claim by the Contractor or any subcontractor for reimbursement of Retail Sales Tax paid. NOTE: IT SHOULD BE CLEARLY UNDERSTOOD THAT ALL MATERIALS SHALL PURCHASED AND PAID FOR BY THE CONTRACTOR. 28. GOODS AND SERVICES TAX (GST) GST IS NOT TO BE ADDED FOR TENDERING PURPOSES, but will be added to all payments at 7% or such other rate as determined by Revenue Canada. Any refund of the GST or a portion of the GST shall belong to the OWNER Unit or lump sum prices in Addenda shall be subject to GST. 29. LABOUR CONDITIONS (a) General These labour conditions are subject to the Industrial Standards Act and regulation made thereunder. The wage rates set out in the Roads and Structures Fair Wage Schedule have been established for a one year period commencing on the .first day of April and are subject to change annually on that date. Any increase in costs incurred by a change in the wage rates shall be borne by the Contractor. (b) Definitions For the purpose of these labour conditions, "work on roads" means the preparation, construction, finishing and construction maintenance of roads, streets, highways and parking lots and includes all work incidental thereto other than work on structures, provided, however, that the Minister of Labour, Ontario may at his sole discretion determine whether any particular work is to be classified as work on roads or as work on structures and such decisions may be made notwithstanding the definitions herein contained. 4 INFORMATION FOR TENDERERS IT-12 29. LABOUR CONDITIONS (Cont'd) (c) Hours of Work and Wages The regular work week for a person employed on work being done under this Contract shall not exceed 55 hours and all time worked by such person on excess of 55 hours a week shall be overtime, except that part of the hours of work in excess of 55 works a week which, together with the hours worked in the preceding week, do not exceed 55 hours. Every person employed by the Contractor or a sub-contractor or other person to do any part of the work contemplated by this Contract shall be paid while employed on such work at not less than the wage rate set out in the Roads and Structures Fair Wage Schedule hereunder for the appropriate classification of such work or not less than such other wage rates as, during the continuance of work, are fixed by the Minister of Labour, Ontario for hours of work that are not overtime and shall be paid not less than one and one half times such wages for all hours of work that overtime. Not withstanding that a Contractor pays wages in excess of the wage rates set out in the Roads and Structures Fair Wage Schedule, he shall not, in computing overtime wages payable to an employee, set off against such overtime wages any part of the wages earned by the employee in respect of his regular work period. (d) Decisions by Minister of Labour Where there is not appropriate classification set out in Roads and Structures Fair Wage Schedule for any particular class or work, the Minister of Labour, Ontario may designate or establish the appropriate classification and the wage rate. The Contractor, upon receipt of notice of any decision of the Minister of Labour, Ontario made under this Contract, shall immediately adjust the wage rates, hours and classification of work so as to give effect such decision.- (e) Contractor to Keep Records Which Are to Be Open for Inspection The Contractor shall keep proper books and records showing the names, trades, addresses and hourly wage rates of all workmen in his employ and the wages paid to and time worked by such workmen, both at regular wage rates and at overtime wage rates, and the books of documents containing such records shall be open for inspection by officers of the Department of Labour, Ontario at any time it may be expedient to the Minister of Labour to have the same inspected. INFORMATION FOR TENDERERS IT-13 29. LABOUR CONDI_TIONS (Cont'd) (f) Fair Waq,e Schedule to Be Posted The Contractor shall post prominently and maintain on the site of the work legible copies of these Labour Conditions, including the Roads and Structures Fair Wage Schedule and any amendments thereto. (g) Ministerial Requirements Before Payments Made to Contractor The Contractor shall from time to time upon request furnish the Ministry of Labour, Ontario with such detailed information and evidence as may be required in order to establish that these labour conditions have been complied with not only be himself but by any subcontractor or other person doing any part of the work contemplated by the Contractor. 30. FIELD OFFICE FOR ENGINEER The Contractor shall provide the Engineer's representative with an office at the site having a minimum area of 15 m2, and furnished with one desk, a drawing table, filing cabinet, four chairs, shelves, stove (if required) , electric lights and telephone FOR HIS SOLE USE. The office shall not be shared with the Contractor but shall be a separate trailer or shack assessable and acceptable to the Engineer, and shall be kept clean and heated by the Contractor to the approval of the Engineer. The Contractor shall bear the cost of all telephone charges for the entire duration of the Contract, excepting long distance telephone charges incurred by the Engineer or his representative. On completion of the Contract, the office shall be removed from the site by the Contractor. No separate payment shall be made for supplying and maintaining the office as described herein. 31 . METRICATION The metric system to be used will be the International System of Units (SI) . Application of the SI system will conform to the Canadian Metric Practice Guide, CAN3-Z234.1-76 (latest edition) . All materials used shall be manufactured in the SI system unless prior approval of the Engineer is received. In all cases where metric equipment, piping or other manufactured products supplied under this contract must mate with connecting non-metric equipment, piping or other manufactured products, the Contractor shall assure himself that mating with adjoining materials is feasible, and that the special connecting pieces required for such mating shall be provided by the Contractor at his expense. INFORMATION FOR TENDERERS IT-14 RE NSTR1'CTION OF A©DISON STREET AREA 9531 CONTRACT NO. 2 IN THE 411 VILLAGE OF PORT BURWELL DOM NQ 44 (to the Tender Documents) It is anticipated that the clean fill disposal area east of Chatham Street will accept 2000* mr1 of clean fill. It is anticipated that the width of the area disturbed may range up to 40 to 50 meters. A detailed plan based on an 0.L.S. property/topographical survey is in process and minor adjustments in the manhole heights may result. Fill shall be shaped as directed by Engineer on- site, to drain to CBNH 68 and 69. Also refer to Addendum No. 3. The top row of concrete blocks on the south side of the disposal area shall be removed by the Contractor and delivered to the Village Works Department yard. The Contractor shall be responsible for an approved off-site disposal area for any fill generated in excess of what this site can hold. Item 1.1 ii) 600 mm a pipe from CBMH 69 to CBMH 68 shall be 600 mm 0 PVC SDR 35 or BOSS 2000 (not CMP), complete with connections for rear yard drains from the south. Drain connections will be paid under Item 1.8 i) . Minor changes in roadway swale grades and culvert requirements may be made following tendering and prior to construction. The quantity of culverts in the pay item will be adjusted accordingly and any additional excavation will be paid at the unit price bid for additional excavation. The Tenderer shall note that the cross-sections shown on Drawing No. 6 were generated for existing conditions on Contract No. 1. These conditions are somewhat similar for Contract No. 2, however the Tenderer shall determine the amount of boulevard work by reviewing the plan and profiles in addition to the cross- sections. Any existing storm drains which are exposed for any reason during construction shall be inspected by the Contractor and opportunity afforded to the Inspector/Engineer to allow for specific decisions on salvage versus replacement of the various pipes. Connection of dissimilar pipe materials must be made with approved watertight couplers. The Tenderer hereby agrees to supply the following catchbasin/ditch inlet gratings, if required, in lieu of those on site: i) Perf. overflow type OPSO 400.11 600 mm2 $ 275.00 each. ii) 18 mm a steel bars welded' at 75 mm centres to 50 x 50 x 6 mm angle iron frame, complete with two coats of black rust resistant paint $ 175=0Q each. iii) Paint existing fabricated gratings with two coats of black rust resistant paint 12 _ each. +! The foregoing prices shall exclude GST and may be considered by the Owner i review of Tenders and the award of a Contract. n the AMMEMMEMMEMEMEM Continued . . . 2 - 9531 Utility pole relocates will be done by Ontario Hydro in conjunction with this contract. The north side of Southey Street will also require tree trimming, in addition to other areas shown. Side street entrances from Chatham Street, including the granular base on Waterloo Street (Contract No. 1), shall be constructed to finished granular 'A' grade and shall be paved with 50 nm of HL 3 to the end of the radii as part of this Contract. It is anticipated that Cowper Street and perhaps part of Southey Street may be deleted to suit available funding, in accordance with Form of Tender page 1 note. Signature of Tenderer Affix Seal 22 JUNE 1995 CYRIL J. DEMEYERE LIMITED, CONSULTING ENGINEERS, 261 BROADWAY, P.O. BOX 606, TILLSONBURG, ONTARIO N4G 4J1 (519) 688-1000 (FAX) 842-3235 i RECONSTRUCTION OF ADDISON STREET AREA 9531 CONTRACT NO. 2 IN THE VILLAGE OF PORT BURWELL ADDENDUM NO. 3 (to the Tender Documents) RE: SOILS INFORMATION{ Testpits 3, 4, 5 and 6 were excavated in November 1994. The results are shown on the Contract Drawing Profiles. Testholes 10 to 15 were dug on Wednesday, 21 June 1995 as follows: Testhole 10 - 0 + 020 Tennyson Street, north edge of gravel 0.2 m of mixed gravel and topsoil on the road 0.3 m topsoil in the grass area 0.3 to 0.8 brown sand 0.8 to 1.0 brown silt dry at 1.0 m Testhole 11 - 0 + 85 Southey Street, south edge of gravel 0.2 m mixed gravel over 0.15 m topsoil in roadway 0 to 0.4 m topsoil in grass area 0.4 to 0.6 silty sand 0.6 to 1.0 sandy silt wet at 1.0 m Testhole 12 - 0 + 385 Addison Street, west shoulder 0.05 m topsoil 0.05 to 0.6 dry sand 0.6 to 1.0 dry clay Testhole 13 - 0 + 030 Cowper Street, north shoulder 0.3 m mixed gravel and topsoil under road 0.25 m topsoil in grass area 0.25 to 1.0 brown silt. dry at 1.0 m Continued . . . - 2 - 9531 Testhole 14 - Midway between CBMH 69 and CBMH 68 on north bank 410 no topsoil O to 0.5 m mixed clay fill Testhole 15 - Midway between CBMH 69 and CBMH 68 in ditch line O to 2.0 n very wet soft clay It should be assumed that 0.3 m minimum thickness of stone bedding will be required under the pipe between CM8H 69 and CM8H 68 ** ** ** Although Testholes 14 and 15 did not indicate any topsoil , the Contractor will still be required to strip any topsoil that is found in the surface layer of the clean fill disposal area and stockpile same for reuse. Since the topsoil thickness is significant in the existing green areas of the road allowances which are to be reconstructed, the Contractor shall strip this topsoil as a separate operation and stockpile same on the north side of the clean fill disposal area. Any surplus topsoil shall be spread same over the clean fill disposal area upon completion of filling. Signature of Tenderer Affix Seal 22 JUNE 1995 CYRIL J. DEMEYERE LIMITED, CONSULTING ENGINEERS, 261 BROADWAY, P.O. BOX 606, TILLSONBIIRG, ONTARIO N4G 4J1 (519) 688-1000 (FAX) 842-3235 • RE ON TR TION OF ADDI ON STREET AREA 9531 ONTRACT NO 2 > IN THE VILLAGE OF PORT B RWELL ADD D (to the Tender Documents) RE: EWER PIPE FIATERIAL The following alternate materials will be allowed; the Tenderer shall identify the type of material tendered for each pipe size: • Concrete pipe C65-D (375 mm o and larger) , extra strength (300 irm a and smaller) • PVC ribbed pipe (equivalent to SDR 35) • Boss 2000 (pol ti ht y 9 ) polyethylene with bell and spigot rubber gasket joints RE• BGRADE BDRAINS It is anticipated that subgrade subdrains will be required along the full length of both sides of Tennyson, Southey and Cowper Streets. Subgrade rade subdrains will be required on Addison Street as requested on-site due tosoil conditions found at the time of construction. Subgrade subdrains shall be constructed by excavating a trench, placing geotextile strip at least 2 m wide, placing 100 tim a perforated PVC sewer pipe (perforations down) , building overlapping geotextle before placinglG anular '8' subgrade materisubgrade and material . RE; TRENCH BACKFILL Backfill must be granular (native sand acceptable) . It is anticipated that sufficient material will be available from road excavation; however, separation of sand from silts/clays will be required. JUNE 1995 CYRIL J. DEMEYERE LIMITED, CONSULTING ENGINEERS, 261 BROADWAY, 411 P.O. 801E 606, TILLSONBURG, ONTARIO N4G 4J1 • (519) 688-1000 (FAX) 842-3235 RECONSTRUCTION OF ADDISON STREET AREA 9531 411 CONTRACT NO. 2 IN THE VILLAGE OF PORT BURWELL ADDENDUM NO, 1 (to the Tender Documents) RE: COMPLETION DATE Assuming a notice of contract award is issued on 28 June 1995 and MOLE approval is received by 30 June 1995, the work must then be substantially completed by 31 August 1995 or the Contractor will be subject to Liquidated Damages as per Section 22 of the Information for Tenderers. Should the award date or the date for receiving approvals be delayed, then the COMPLETION DATE will be adjusted accordingly. No allowance will be made for inclement weather. JUNE 1995 CYRIL J. DEMEYERE LIMITED, CONSULTING ENGINEERS, 261 BROADWAY, P.Q. BOX 606, TILLSONBURG, ONTARIO N4G 4J1 (519) 688-1000 (FAX) 842-3235 a Revised 19 July 1995 RECONSTRUCTION OF ADDISON STREET AREA 9531 CONTRACT NO. 2 411 E VILLAGE OF PORT BURWELL FORM OF TENDER Gentlemen: I/We 969714 ONTARIO LTD. the undersigned have examined the locality and site of the proposed work, and all contract documents relating thereto, including the Drawings, Form of Tender, Information for Tenderers, Specifications, General Conditions, Supplementary General Conditions, Form of Agreement and Addendum/Addenda No. 1 to No. 4 * hereby tender and offer in accordance therewith to enter into a contract within the prescribed time to construct the said works in strict accordance with the contract documents and such further detail drawings as may be supplied from time to time, and to furnish all materials, labour, tools, plant, matters and things necessary therefore complete and ready for use within the time specified for the total tender sum of ONE HUNDRED & SEVEN THOUSAND. EIGHT HUNDRED & THIRTEEN 921100 4 107,813.92 ), or such other sum as may be ascertained in accordance with the contract. *The Tenderer will insert here the numbers of the addenda received by him during the tender period and taken into account by him in preparing this tender. NOTE: THE OWNER RESERVES THE RIGHT TO REDUCE THE SCOPE OF WORK TO SUIT AVAILABLE FUNDING WITHOUT AFFECTING ANY UNIT PRICES BID. NOTE: THIS FORM OF TENDER HAS BEEN REVISED TO REFLECT THE DELETION OF THE DRAINAGE AT THE EAST END OF COWPER STREET AND SOUTHEY STREET AT CHATHAM STREET, AND THE ROADWORK ON COWPER AND AT THE EAST END OF SOUTHEY STREET. 410 FORM OF TENDER 1. Revised 19 July 1995 9531 SCHEDULE OF ITEMS AND PRICES PART 1 STORM DRAINAGE (Reference Specifications Part 1 Sewers) EST'D UNIT BID ITEM DESCRIPTION UNIT QTY PRICE AMOUNT 1.1 STORM SEWER OUTLET - DWG. 3 i) CBMH 68 - 2.5 VERT m OF 1200 mm la PRECAST CONCRETE INCLUDING FRAME AND GRATE, BENCHING AND REMOVAL OF EXISTING DITCH INLET 67 L/S - $ 2,115.25 ii) 63t m OF 600 mm o CMP, 1.6 mm WALL, A.C. WITH WATERTIGHT COUPLERS, INCL. CLEARING OF BRUSH, STRIPPING TOPSOIL AND REPLACING TOPSOIL AFTER PLACING SURPLUS CLEAN FILL L/S - 5.588.10 iii) CBMH 69 - 3.0 VERT m OF 1500 mm 0 PRECAST CONCRETE INCLUDING FRAME AND GRATE AND BENCHING L/S - 2,519.61 1.2 SINGLE PRECAST CONCRETE CATCHBASINS,. i) NORMAL DEPTH, INCL. FRAMES AND GRATES (CB 13B,16B,34B) EACH 3 $776.72 2,330.16 ii) SHALLOW WITH SALVAGED GRATE (CB 65) EACH - DELETED - 1.3 SINGLE PRECAST DITCH INLETS, INCL. REUSE OF EXISTING GRATE (D. I. 58) EACH 1 $630.27 630.27 1.4 RELOCATE EXISTING 600 x 600 PRECAST CATCHBASINS AND DITCH INLETS (CB 8,18,19) EACH 3 $376.86 1,130.x$ SUB-TOTAL PART 1 $14,313.97 410 FORM OF TENDER 2. r Revised 19 July 1995 SCHEDULE OF ITEMS AND PRICES 9531 PART I STORM DRAINAGE (Cont'd) (Reference Specifications Part 1 Sewers) EST'D UNIT BID (TEM DESCRIPTION UNIT QTY PRICE AMOUNT SUB-TOTAL CARRIED FORWARD $14.313.97 1.5 ADJUST EXISTING 600 x 600 CATCHBASINS BY SAWCUTTING POURED-IN-PLACE SLOPED TOP TO HORIZONTAL SURFACE i) ADD PRECAST RISER AND MODULOC WITH MANHOLE FRAME AND COVER (CB 3A,5A,6,7) EACH 4 $523.73 2.094.92 ii) ADD PRECAST 3:1 RISER WITH MODULOC AS REQ'D, REUSING EXISTING GRATE (CB 3B,14,I5) EACH 3 $328.48 985.44 1.6 REMOVE EXISTING CATCHBASINS AND DITCH INLETS, SALVAGE GRATES FOR VILLAGE (12,13A,16A,34A) EACH 4 $ 62.49 249.96 1.7 PRECAST EXTENSIONS IN EXCESS OF 300 mm FOR DEEP CATCHBASINS, IF REQUIRED VERT m 1 .0 $320.76 320.76 1.8 CATCHBASIN CONNECTIONS AND CONNECT EXISTING DRAINS i) 150 mm e PVC SUR 28 (PROV.) m 10 $ 67. 12 671.20 ii) 200 mm 0 PVC SDR 35 OR BOSS 2000 m 37 $ 47.96 1,774.52 iii) 250 mm 0 PVC SUR 35 OR BOSS 2000 m 2.5 $ 60.22 150.55 iv) 300 mm 0 PVC SDR 35 OR BOSS 2000 m 30 $ 67. 19 2015.70 SUB-TOTAL PART 1 $22.577.02 410 FORM OF TENDER 3. Revised 19 July 1995 SCHEDULE OF ITEMS AND PRICES 9531 PART 1 STORM DRAINAGE fCont'di (Reference Specifications Part 1 Sewers) I/ EST'D UNIT BID ITEM DESCRIPTION UNIT QTY PRICE AMOUNT SUB-TOTAL CARRIED FORWARD $22.577.02 1.9 BEDDING DRAINS AT STORM MANHOLES (PROVISIONAL) EACH 2 $ 63.24 126.48 1.10 CULVERTS AND EXTENSIONS 300 mm 0 CMP 1.6 mm WALL P.G. OR POLYETHYLENE BOSS POLY-TITE. m 10.5 $ 55.91 587.06 1.11 REMOVE EXISTING CULVERTS, SALVAGE FOR VILLAGE AS DIRECTED m 90 $ 12.50 1,125.00 1.12 RELOCATE EXISTING HYDRANTS EACH 2 $376.86 753.72 1.13 RELAY EXISTING 150 mm WATERMAIN WITH PVC DR 18 (IF REQ'D) i) UP TO 10 m (PROV.) EACH 1 $762.90 762.90 ii) ADDITIONAL LENGTH BEYOND 10 m AT EACH LOCATION m 20 $ 56.34 1,126.80 iii) OFFSET WATERMAIN, IF REQUIRED EACH 1 $648.82 648.82 1. 14 STYROFOAM SM INSULATION 1200 mm WIDE x 50 mm THICK INCLUDING 150 mm SAND UNDER AND OVER BEDDING ON SHALLOW SEWERS & WATERMAIN (PROV.) m 30 $ 17.00 510.00 TOTAL PART 1 STORM DRAINAGE $28,217.80 FORM OF TENDER 4. Revised 19 July 1995 SCHEDULE_OF ITEMS AND PRICES 9531 PART 2 ROADWORK (REFERENCE SPECIFICATIONS PART 2 ROADWORK) 411 TEM DE R PTI EST'D UNIT BID UNIT TY PRICE _ AMO NT 2.1 CLEARING AND GRUBBING i) REMOVE TREES AND STUMPS 150 mm a TO 450 mm o EACH 1 115.00 $ 175.00 ii) REMOVE TREES AND STUMPS OVER 450 mm EACH 1 $375.00 - 375.00 iii)PROFESSIONAL TRIMMING OF OVERHANGING BRANCHES WHICH INTERFERE WITH ROADWAYS AND TREES LESS THAN 150 mm o AS DIRECTED LIS _ 175.40 2.2 EXCAVATION AND GRADING, INCL. REMOVAL AND DISPOSAL OF EXISTING PAVEMENT, DRIVEWAY GRADING , SWALES AND CLEARING AS REQUIRED i) ADDISON STREET FROM TENNYSON STREET TO SOUTHEY STREET (TOTAL LENGTH 120 m APPROX.) L/S 1 ,758.34 ii) ADDISON STREET FROM SOUTHEY STREET TO COWPER STREET (TOTAL LENGTH 130 m APPROX.) L/S _ 1.915.70 iii) TENNYSON STREET (TOTAL LENGTH 120 m APPROX.) LIS 1 ,158.34 iv) SOUTHEY STREET (TOTAL LENGTH 120 m APPROX.) L/S COMPLETE 80 m - 1.178.90 v) COWPER STREET (TOTAL LENGTH 120 m APPROX.) L/S ALLOW 10% FOR INTER. 200.00 SUB-TOTAL PART 2 ROADWORK $ 7.556,28 FORM OF TENDER 5. Revised 19 July 1995 9531 SCHEDULE OF ITEMS AND PRICES 0 PART 2 ROADWORK (Cont'd) (REFERENCE SPECIFICATIONS PART 2 ) EST'D UNIT BID ITEM DESCRIPTION UNIT OTY PRICE AMOUNT SUB-TOTAL CARRIED FORWARD $ 7.556.28 2.3 EXCAVATION BELOW SUBGRADE AND BEYOND TRENCH LIMITS (PROVISIONAL) m3 100 $ 5.63 _ 563.00 2.4 SUBGRADE SUBORAINS, 100 am 0 PERFORATED PVC B.S.P. IN HL 3 STONE WRAPPED WITH GEOTEXTILE m 740 $ 18. 16 13.438.40 2.5 IMPORTED SAND (IF REQ'D) m' COMP 100 $ 16.73 1.673.04 2.6 GRANULAR BASE 'B' TONNE 2840 $ 8.82 25.048.80 2.7 GRANULAR BASE 'A' , INCL. ROADBASE AND DRIVEWAY RESTORATION TONNE 1500 $ 9.32 13.980.00 2.8 18 mm CLEAR STONE FOR DRIVEWAY RESTORATION TONNE 100 $ 14.24 1,424.00 2.9 ADJUST EXISTING MANHOLES EACH 3 $134.08 402.24 2.10 SUPPLY CALCIUM CHLORIDE AND SPREAD MECHANICALLY TONNE 5 $528.23 2.641. 15 2.11 COLD-MIX ASPHALT (PROV.) TONNE 5 $ 81.85 409.25 2.12 50 mm HOT-MIX ASPHALT HL 3 FOR CHATHAM INTERSECTIONS AND DRIVEWAYS AS REQ'D. TONNE 80 $ 65.00 5,200.00 2.13 100 mm TOPSOIL i) SEEDING m2 2600 $ 2.65 6.890.00 Ii) SODDING (PROV.) m2 200 $ 1.85 370.00 TOTAL PART 2 ROADWORK $ 79.596. 12 FORM OF TENDER 6. Revised 19 July 1995 5UM1ARY 9531 S PART I STORM DRAINAGE j 28.217.80 PART 2 ROADWORK 79.5961. 12 TOTAL. TENDER PRICE (EXCLUDING GST) $ 107.813.92 Amount of tender to be repeated in writing ONE HUNDRED & SEVEN THOUSAND. EIGHT HUNDRED & THIRTEEN 92/100 Dollars PROVINCE OF ONTARIO SALES TAX TO BE INCLUDED IN ACCORDANCE WITH SECTION 27 OF THE INFORMATION FOR TENDERERS. I/ FORM OF TENDER 6. The Tenderer agrees to complete the works within a time to be known as the "Time for Completion" in the information for Tenderers. The Tenderer agrees that this Tender is subject to a formal contract being prepared and executed. The Tenderer declares that no person, firm or corporation other than the Tenderer has any interest in this Tender or in the proposed Contract for which this Tender is made. The Tenderer further declares that this Tender is made without any connection, comparison of figures, or arrangements with, or knowledge of, any other corporation, firm or person making a Tender for the same work and is in all respects fair and without collusion or fraud. The Tenderer further declares that no officer or employee of the Municipality or of the Consulting Engineer is or will become interested directly or indirectly as a contracting party, partner, shareholder, surety or otherwise in or in the performance of the Contract or in the supplies, work or business to which it relates, or in any portion of the profits thereof, or in any of the monies to be derived therefrom. The Tenderer further agrees that, if this Tender is accepted by the Owner, 1) he will carry out additional or extra work (including the supplying of any additional materials or equipment pertaining thereto) or will delete any work as may be required by the Engineer in accordance with the Contract, 2) the carrying out of any work referred to in paragraph 1) above or the issuance by the Engineer of a Contract Change Order relating to such work or the acceptance by the Tenderer of such Contract Change Order shall not, except as expressly stated in such Contract or of any Contract waive or impair any of the terms of the Contract Change Order previously issued by the Engineer or any of the rights of the Owner or of the Engineer under the Contract 3) he will pay to the Owner (in addition to amounts payable by the Owner in respect of site supervision of the work) , the sums specified in the Contract as Liquidated Damages for each calendar day that the works under the Contract, as- expressly modified by all Contract Change Orders issued by the Engineer, remain uncompleted after the expiry of the "Time for Completion specified in the Contract or such extended times for completion as may be allowed in writing by the Engineer, and 4) the prices applicable to work referred to in paragraph 1) above shall be determined as follows: a) the Schedule of Items and Prices shall apply where applicable; and b) if the Schedule of Items and Prices is inapplicable, the prices shall be determined in accordance with Section 103-3. Extra Work of the General Conditions. 5) he is not entitled to payment of any part of the Contingency Allowance except for additional work carried out by him in accordance with the Contract as directed by the Engineer and only to the extent of such additional work. FORM OF TENDER. 7. 9531 1110 ' Dated at ST. THOMAS this 27TH day of JUNE 1995. iM.f.didif.1 Sign ure of Witt s Signature of Tenderer 969774 ONTARIO LTD. 140 BURWELL ROAD Address ST. THOMAS. ONTARIO City, Town NSP 3R8 Postal Code (519)631-5441 (519)631-2591 Telephone No. Fax No. JAMES MALPASS CONTACT PERSON - PRINT (SEAL) NOTE: If the Tender is submitted by or on behalf of a corporation, it must be signed in the name of such corporation by the duly authorized officers and the seal of the corporation must be affixed. If the Tender is submitted by or on behalf of an individual or a partnership, a seal must be affixed opposite the signature of the individual or the partner. 40 FORM OF TENDER 8. AGREEMENT 9531 . THIS AGREEMENT MADE (in duplicate) this 27TH day of JUNE A.D. , 1995. BETWEE N: 110 969774 ONTARIO LTD. Hereinafter called the "Contractor" OF THE FIRST PART, AND VILLAGE Of PORT BURWELL Hereinafter called the "Owner" OF THE SECOND PART. WITNESSETH that the Party of the First Part, for and in consideration of payment or payments specified in the tender for this work, hereby agrees to furnish all necessary machinery, tools, equipment, supplies, labour and other means of construction, and to the satisfactionof the Engineer, to do all the work as described hereafter, furnish all materials except as herein otherwise specified, and to complete such works in strict accordance with the plans, specifications, and tender therefore, all of which are to be read herewith and form part of this present agreement as fully and completely to all intents and purpose as though all the stipulations thereof have been embodied herein. The work to be done is the RECONSTRUCTION OF ADDISON STREET AREA, CONTRACT NO. 2. The Contractor agrees to do the work as and when directed to be done by the Engineer and to complete the same within a time to be known as the "Time of Completion" in the Information for Tenderers. The Contractor further agrees to pay to the Party of the Second Part, Two Hundred Dollars per day as liquidated damages for every day beyond the expiration of the date of completion stated herein. The Contractor agrees that such moneys may be deducted from any moneys due on the expiry date or to grow due to the Contractor from the operations under this agreement. In CONSIDERATION WHEREOF, said Party of the Second Part, agrees to pay to the Contractor for all work done in the manner provided by the specifications of this Contract, the unit prices on the tender. WITNESS the hand and seal of the Contractor and witness the Corporate Seal of the Owner under the hands of its proper officers in that behalf. 969774 ONTARIO LTD. -- ' 1 SIGNED, SEALED ANL DELIVERED ) ‘,41 --------1-- . ) IN THE PRESENCE OF ) ) v . 0rOF PORT B ''' ELL 10/ ) -- / i • - ) , A i / -....", , ) Jar Pr r As , Mrign-ature •$f Contractor ) i / Air ir 1111. Clerk RECONSTRUCTION OF ADDISON STREET AREA 9531 CONTRACT NO, Z IN THE VILLAGE OF PORT BURWELL GENERAL CONDITIONS The General Conditions of this Contract with regard to control of work, materials, progress of work, Contractor's responsibility and legal obligations shall be those as set forth in the current MTC Form M-100. NOTE: A copy of these General Conditions is available from the Consulting Engineer upon request. 110 INDEX TO SUPPLEMENTARY GENERAL CONDITIONS 10 PAGE 1. GENERAL SGC-1 2. SCOPE OF WORK SGC-1 3. DRAWINGS, SPECIFICATIONS SGC-1 4. TESTING OF MATERIALS SGC-2 5. OFFICE SGC-2 6. STORAGE YARDS SGC-3 7. CUTTING AND FITTING SGC-3 8. WATER SUPPLY SGC-3 9. LAYOUT WORK SGC-3 10. TRENCH EXCAVATORS' PROTECTION ACT SGC-4 11. OCCUPATIONAL HEALTH AND SAFETY ACT SGC-5 12. PUBLIC UTILITIES SERVICES SGC-5 13. MAINTAINING FLOW OF SEWERS AND DRAINS SGC-7 14. INSPECTION OF WORK SGC-7 15. ON-SITE INSPECTION SGC-7 16. WATER, SNOW AND ICE SGC-7 17. PROVISION FOR TRAFFIC DURING CONSTRUCTION SGC-8 18. PROTECTION OF ADJOINING PROPERTIES SGC-9 19. CLEANLINESS OF THE WORK SGC-9 20. CONTRACTOR'S GENERAL OBLIGATION SGC-10 21. SANITARY CONVENIENCES SGC-10 22, PRESERVATION OF TREES SGC-10 23. DISPOSAL OF MATERIALS SGC-1O 24. IRON BAR MONUMENTS SGC-10 25. DUST CONTROL SGC-11 26. DEFECTIVE WORK SGC-11 27. CONFLICTS AND OMISSIONS SGC-11 28. TRAFFIC SIGNS SGC-11 29. STREET NAME SIGNS SGC-1I 30. LOCAL ROADS SGC-12 31. ERRORS AND OMISSIONS BY CONTRACTOR SGC-12 32. CONFLICT WITH UTILITIES SGC-12 33. COST OF POWER AND FACILITIES AT THE SITE SGC-13 34. EXCESS LOADING OF MOTOR VEHICLES SGC-13 35. ERRORS IN CONTRACT DOCUMENTS SGC-13 36. AGENTS OF OWNER SGC-13 RECONSTRUCTION OF ADDISON STREET AREA 9531 CONTRACT NO. 2 VILLAGE OF PORT BURWELL 411 SUPPLEMENTARY GENERAL CONDITIONS 1. GENERAL These specifications shall apply to and be part of this Contract and shall supplement and/or amplify the General Conditions. 2. SCOPE OF WORK The Contractor shall provide all labour, equipment, supervision and supply all materials necessary to complete the work as shown in, described by or reasonable inferable from the plans and specifications, including the following: SPECIFICATIONS PART 1 SEWERS PART 2 ROADWORK DRAWINGS DRAWING NO. 1 COVER SHEET DRAWING NO. 2 ADDISON ST. (PLAN & PROFILE) , TENNYSON ST. (PLAN ONLY) DRAWING NO. 3 ADDISON ST. (PLAN & PROFILE) , SOUTHEY & COWPER STS. (PLAN ONLY) DRAWING NO. 4 TENNYSON, SOUTHEY & COWPER STS. (PROFILE ONLY) DRAWING NO. 6 MISCELLANEOUS DETAILS 3. DRAWINGS. SPECIFICATIONS The Contractor shall be responsible for keeping a complete set of working drawings, specifications, sketches and details available on the job site. Should any contract drawing be amended, the Contractor will ensure that all original drawings are destroyed and replaced with the amended sheets. All drawings, specifications and copies thereof furnished by the Engineer are his property. They are not to be used on any other work, and, with the exception of the signed contract set of the drawings and specifications, are to be returned to him on request on the completion of the work. 410 SUPPLEMENTARY GENERAL CONDITIONS SGC-1 INDEX TO SUPPLEMENTARY GENERAL CONDITIONS 4 PAGE I. GENERAL SGC-1 2. SCOPE OF WORK SGC-1 3. DRAWINGS, SPECIFICATIONS SGC-1 4. TESTING OF MATERIALS SGC-2 5. OFFICE SGC-2 6. STORAGE YARDS SGC-3 7. CUTTING AND FITTING SGC-3 8. WATER SUPPLY SGC-3 9. LAYOUT WORK SGC-3 10. TRENCH EXCAVATORS' PROTECTION ACT SGC-4 11. OCCUPATIONAL HEALTH AND SAFETY ACT SGC-5 12. PUBLIC UTILITIES SERVICES SGC-5 13. MAINTAINING FLOW OF SEWERS AND DRAINS SGC-7 14, INSPECTION OF WORK SGC-7 15. ON-SITE INSPECTION SGC-7 16. WATER, SNOW AND ICE SGC-7 17. PROVISION FOR TRAFFIC DURING CONSTRUCTION SGC-8 18. PROTECTION OF ADJOINING PROPERTIES SGC-9 19. CLEANLINESS OF THE WORK SGC-9 20. CONTRACTOR'S GENERAL OBLIGATION SGC-10 21. SANITARY CONVENIENCES SGC-10 22. PRESERVATION OF TREES SGC-10 23. DISPOSAL OF MATERIALS SGC-10 24. IRON BAR MONUMENTS SGC-1O 25. DUST CONTROL SGC-11 26. DEFECTIVE WORK SGC-11 27. CONFLICTS AND OMISSIONS SGC-11 28. TRAFFIC SIGNS SGC-11 29. STREET NAME SIGNS SGC-11 30. LOCAL ROADS SGC-12 31. ERRORS AND OMISSIONS BY CONTRACTOR SGC-12 32. CONFLICT WITH UTILITIES SGC-12 33. COST OF POWER AND FACILITIES AT THE SITE SGC-13 34, EXCESS LOADING OF MOTOR VEHICLES SGC-13 410 35. ERRORS IN CONTRACT DOCUMENTS SGC-13 36. AGENTS OF OWNER SGC-13 RECONSTRUCTION OF ADDISON STREET AREA 9531 CONTRACT_NO. 2 VILLAGE OF PORT BURWELL SUPPLEMENTARY GENERAL CONDITIONS 1. GENERAL These specifications shall apply to and be part of this Contract and shall supplement and/or amplify the General Conditions. 2. SCOPE OF WORK The Contractor shall provide all labour, equipment, supervision and supply all materials necessary to complete the work as shown in, described by or reasonable inferable from the plans and specifications, including the following: SPECIFICATIONS PART 1 SEWERS PART 2 ROADWORK DRAWINGS DRAWING NO. I COVER SHEET DRAWING NO. 2 ADDISON ST. (PLAN & PROFILE) , TENNYSON ST. (PLAN ONLY) DRAWING NO. 3 ADDISON ST. (PLAN & PROFILE) , SOUTHEY & COWPER STS. (PLAN ONLY) DRAWING NO. 4 TENNYSON, SOUTHEY & COWPER STS. (PROFILE ONLY) DRAWING NO. 6 MISCELLANEOUS DETAILS 3. DRAWINGS, SPECIFICATIONS The Contractor shall be responsible for keeping a complete set of working drawings, specifications, sketches and details available on the Job site. Should any contract drawing be amended, the Contractor will ensure that all original drawings are destroyed and replaced with the amended sheets. All drawings, specifications and copies thereof furnished by the Engineer are his property. They are not to be used on any other work, and, with the exception of the signed contract set of the drawings and specifications, are to be returned to him on request on the completion of the work. 1 SUPPLEMENTARY GENERAL CONDITIONS SGC-1 4. TESTING OF MATERIALS 110 (a) The following tests, as required by the Engineer, shall be paid by the OWNER: 1. Casting and compression testing of concrete cylinders. 2. Compaction tests when the results are satisfactory. 3. Asphalt cement extraction tests. (b) The following tests shall be paid by the CONTRACTOR: 1. COMPACTION TESTS WHEN THE RESULTS ARE NOT SATISFACTORY. 2, ENTRAINMENT TESTS AND SLUMP TESTS DURING CONCRETE WORK. The Contractor shall provide an air meter and operator to determine the entrained air at the time of placement as requested by the Engineer. The frequency of the tests required shall vary with the consistency of the results. (c) The Engineer may require documentary evidence to the effect that materials (granular material , etc.) to be supplied by the Contractor comply with the terms of the specifications. Such evidence must be in the form of a certified copy of a laboratory report from a recognized testing company acceptable to the Engineer. No costs in connection with these tests shall be borne by the Owner. (d) Where a product name is mentioned in this specifications, the Contractor may use an alternative or substitute product, provided that such product is proven to the satisfaction of the Engineer to meet the requirements of the specifications, as outlined in (b) above. (e) Unless otherwise specified, all materials shall be new. 5. OFFICE The Contractor will be required to make his own arrangements regarding temporary buildings or workshops as may be required. He must, at his own expense, establish near the site of the works and keep open at all times during the execution of the work, an office for his own use, where notices and instructions from the Owner and the Engineer may be received. The Contractor shall install , without cost to the Owner, a telephone in the aforementioned office for the duration of the Contract. The party making long distance or toll calls shall pay for same. SUPPLEMENTARY GENERAL CONDITIONS SGC-2 6. STORAGE YARDS SThe Contractor shall be responsible for arranging for adequate storage yards beyond the limits of the road allowance. 7. CUTTING AND 'FITTING The Contractor shall do all cutting and fitting of his own work and of other work that may be required to make the several parts come together properly. The Contractor shall not endanger any work by cutting, fitting or otherwise and shall not cut or alter the work of any other Contractor save with the consent of the Owner's representative. Connections must be made with factory manufactured fittings of material approved by the Engineer. The Contractor shall , at no extra cost, maintain a reasonable supply of fittings to facilitate connections to various sizes of various existing materials whether shown on drawings or not. 8. WATER SUPPLY The Contractor shall make his own arrangements for the supply of water and pay for all the costs involved. 9. LAYOUT WORK The Engineer shall establish all necessary alignment and grade stakes. The Contractor shall provide qualified personnel to properly lay out and transfer all lines and grades necessary for construction. The Contractor shall assume full responsibility for detail , dimensions and elevations measured from the alignment and grade stakes provided by the Engineer. The Engineer shall be notified of any layout work carried out and shall check same if he so desires. Checking of layout and/or grades or failure to do so on the part of the Engineer in no way relieves the Contractor of full responsibility for construction to the proper location, grade and alignment. The Contractor shall not rely on the Engineer's Inspector to ensure that the grades are satisfactory. The Contractor shall furnish the Engineer with any reasonable help which may be required in setting out, inspection and testing of the work. The Contractor shall give the Engineer reasonable notice of the time and place where the lines and grades will be needed. 1 SUPPLEMENTARY GENERAL CONDITIONS SGC-3 9. LAYOUT WORK (Cont'd) The Contractor must use a LASER BEAM for sewer and watermain work. Appurtenances, services, etc. must be laid an uniform line and grade. THE CONTRACTOR MUST HAVE A LEVEL AND ROD ON SITE, AND MUST PERIODICALLY CHECK THE PIPE GRADE DURING LAYING. THE ONUS IS ON THE CONTRACTOR TO ENSURE THAT COMPLETED WORK IS TO THE DESIGN ELEVATION, GRADE AND ALIGNMENT. 10. TRENCH EXCAVATORS' PROTECTION ACT (CONSTRUCTION SAFETY ACT) In order to avoid any misunderstanding as to the nature of the work to be performed herein, the Contractor by executing this Contract, unequivocally acknowledges that it is the constructor within the meaning of the Occupational Health and Safety Act, and the Contractor undertakes to carry out the duties and responsibilities of a constructor with respect to the work. All excavation shall be carried out in accordance with the Trench Excavators' Protection Act, Construction Safety Act, and the Occupational Health and Safety Act. It is specifically drawn to the attention of the Tenderer that the Trench Excavators' Protection Act provides in addition to other things that, "It is the duty of a contractor, (a) to ensure that this Act and the regulations are complied with, (b) at least once in each eight-hour period that a person is working in or near a trench to cause to be inspected by a person will experienced in such work: i) the condition of the trench; ii) the shoring and timbering provided for the safety of any person in or near the trench; iii) the soil or rock piled and equipment stored or used in or near the trench, and iv) the fences, ladders and other things provided for the safety of any person in or near the trench, and the person making such inspection shall forthwith take any remedial action that he deems necessary to protect the safety of any person ji or near the trench. " 4 SUPPLEMENTARY GENERAL CONDITIONS SGC-4 10. TRENCH EXCAVATORS' PROTECTION ACT (CONS. SAFETY ACT) (Cont'd) • It should also be pointed out that the word "trench" has a very extended meaning in the Act and generally means any excavation, the maximum depth of which exceeds the smallest width. For accuracy, reference should be made to the Act as amended. The Contractor shall comply with the requirements of the Trench Excavators' Protection Act, amendments thereto and regulations made thereunder. 11. OCCUPATIONAL_HEALTH AND SAFETY ACT The Contractor shall ensure compliance on his part and on the part of all his Subcontractors with the applicable Workers' Compensation and Occupational Health and Safety legislation, and any regulations thereunder, in particular provisions of said legislation or regulations thereunder having to do with the prevention of accidents, the prevention of diseases and the provision of safe working conditions, including the proper sanitation and ventilation. In any case where pursuant to the provisions of the Workers' Compensation or Occupational Health and Safety legislation the appropriate board of authority orders the Contractor or one or more of his Subcontractors in respect of their operations under this Contract to cease operations because of failure to install or adopt safety devices or appliances directed by order of the said board or authority, or required under said legislation or regulations thereunder, or because said board or authority is of the opinion that conditions of immediate danger exist that would be likely to result in injury to any person, the Contractor shall cease operations forthwith and shall ensure immediate compliance on his part and on the part of all his Subcontractors with such orders. The Contractor shall provide to the Owner, on the Engineer's request, evidence of such compliance with the requirements of the applicable Workers' Compensation and Occupational Health and Safety legislation and any regulations or orders there under, including payments due for Workers' Compensation Insurance. 12. PUBLIC UTILITIES SERVICES (a) The location. of existing services are shown on the drawings. These locations are to be considered only as a guide and no guarantee is made as to their accuracy or completeness. 410 SUPPLEMENTARY GENERAL CONDITIONS SGC-5 12. PUBLIC UTILITIES SERVICES (Cont'd) 4 (b) The authorities responsible for the various services in the Contract area are as follows: PUBLIC UTILITY COMMISSION Hydro power lines and cables Watermain MUNICIPALITY Storm and sanitary sewers AMTELECOM Telephone cables NATURAL RESOURCE GAS Gasmains (c) Before undertaking any excavation, or other work which may conflict with underground or overhead services, the Contractor shall be responsible for giving adequate notice to the various authorities concerned in order that they may arrange to be present to give clearance for the work to proceed. (d) With the exception of sewers, any relocation of services will be carried out by the appropriate authorities responsible. Prior to the commencement of the work, the Contractor shall confer with all authorities and other companies concerned to establish a proper schedule of operations in order that any relocation work is carried out efficiently with respect to all parties. The Contractor shall co- operate with the respective authorities in maintaining services throughout the period of construction. (e) No direct payment shall be made to the Contractor for locating and protecting utilities, or for co-operating with their owners in their removal or relocating, but the cost thereof shall be included in the prices tendered for the various items scheduled in the Tender. The Contractor shall be liable to the utility company involved for any damage to the structure, cables, pipelines, poles or equipment of any utility. The Contractor shall have no claim for any damages, inconveniences or delays occasioned by this work, but shall delay his work so as to co- operate with the utility companies as directed by the Engineer. (f) The Contractor shall be responsible for informing the utilities and other companies of work progress. SUPPLEMENTARY GENERAL CONDITIONS SGC-6 13. MAINTAINING FLOW OF SEWERS AND DRAINS The Contractor shall be responsible for maintaining the flow of all sewers, drains or inlet connections and all water courses which may be met with during the progress of the work. 14. INSPECTION OF WORK The Owner or the Engineer on his behalf and their representative shall at all times have access to the work wherever it is in preparation or progress and the Contractor shall provide proper facilities for such access and for inspection. If the Specifications, the Engineer's instructions, the laws or the ordinances of any public authority require any work to be specially tested or approved, the Contractor shall give the Engineer timely notice of its readiness for inspection, and if the inspection is by an authority other than the Engineer, of the date and time fixed for such inspection. Inspections by the Engineer shall be promptly made. If any such work should be covered up without approval or consent of the Engineer, it must, if required by the Engineer, be uncovered for examination and made good at the Contractor's expense. Re-examination of questioned work may be ordered by the Engineer. If• such work be found in accordance with the Contract, the Owner shall pay the cost of re-examination and replacement. If such work be found not in accordance with the Contract, through the fault of the Contractor, the Contractor shall pay such cost. 15. ON-SITE INSPECTION The Inspector' s duties are limited to recording information for payment and "as-constructed" file purposes, and observing materials and methods of construction and reporting same to Engineer. Deviations in materials, methods of construction and design can be authorized only by the Engineer. Grade checks on pipe inverts during pipe laying may or may not be made by the Inspector. Any grade checks made in no way relieves the Contractor of full responsibility for construction to the proper location, grade and alignment. 16. WATER, SNOW AND ICE The Contractor shall assume full responsibility for all damage done to the works through the influence of water, snow and ice. He shall make good any damage so caused without extra cost to the Owner within the time designated by the Engineer. 11 SUPPLEMENTARY GENERAL CONDITIONS SGC-7 17. PROVISION FOR TRAFFIC DURING CONSTRUCTION (a) Sidewalks The Contractor shall specially consider the convenience of the public. He shall not obstruct any driveway or footwalk any longer or to any greater extent than necessary. He shall provide ample means of access to businesses and residences for both pedestrian and vehicular traffic. He shall construct and maintain suitable and convenient structures for crossing and bridging where an undue hardship is imposed upon pedestrian and vehicular traffic. The Engineer may order that such facilities be improved or extended. (b) Closing Streets With the consent of the Engineer, the Contractor may close a public street, avenue, lane or other public place or a portion of a public street, avenue, lane or public place from traffic or use by the public, in which case, the Contractor shall erect the necessary barriers and provide signs or notices indicating "Close to Through Traffic" which barriers shall be sufficiently lighted at night. The number of notices and their location shall be in accordance with the MTO TRAFFIC CONTROL MANUAL, and they shall be maintained and kept in a safe and proper condition to the satisfaction of the Engineer by the Contractor for such period as the Engineer may require. (c) Traffic Any street, roadway, thoroughfare or pavement or portion thereof, which can or should, in the Engineer's opinion, be thrown open for the use of the public with detriment to the work, whether the same is only partially constructed or not, must be so thrown open, all barriers removed and all approaches thereto made possible, convenient and safe for the public by the Contractor at any stage of the work if so directed by the Engineer; otherwise, the Engineer shall cause the same to be done at the Contractor's expense. (d) Flagging Flagging for traffic control on this Contract shall be in conformance with the procedure outlined in the pamphlet entitled "Correct Methods of Traffic Control" issued by the Construction Safety Association of Ontario.. Each flagman shall , while controlling traffic, wear either: 1. an approved florescent blaze orange or red safety vest; 2, or an approved fluorescent blaze orange or red armband on each arm and a similar hat. 410 SUPPLEMENTARY GENERAL CONDITIONS SGC-8 1 17, PROVISION FOR TRAFFIC DURING CONSTRUCTION (Cont'd) • (e) Barriers and Lights The Contractor shall , without notice or order from the Engineer, erect and maintain such barriers and lights as may be necessary to ensure safety to the public. TRENCH EXCAVATIONS SHALL BE ENCLOSED WITH SNOW FENCE TO RESTRICT ACCESS TO TRENCHES BY CHILDREN. (f) Detours The Contractor will supply, erect and maintain detour signs. (g) Maintenance of_Barriers, Lights and Signs THE CONTRACTOR SHALL PROVIDE A WATCHMAN TO MAINTAIN ALL BARRIERS, LIGHTS AND SIGNS AFTER WORKING HOURS AND ON WEEKENDS AND HOLIDAYS. 18. PROTECTION OF ADJOINING PROPERTIES The Contractor shall avoid damage to any private property and shall not trespass without express permission from the Owners" concerned. Any damage which occurs to adjoining private properties shall be completely repaired by the Contractor at his own expense and to the satisfaction of the Engineer. The Contractor shall provide a written release from the Owners of private property re damages. 19. CLEANLINESS OF THE WORK (a) The Contractor shall keep the work and the site in a neat and orderly condition at all times. Waste materials, rubbish and debris shall not be allowed to accumulate, but shall promptly and regularly be removed from the site by the Contractor. Contractor's plant and temporary structures and excess materials shall be promptly removed from the site when they are no longer needed for the progress of the work. (b) On completion of the works, the Contractor shall promptly remove all remaining materials, rubbish, litter, debris, temporary structures, excess materials and plant and shall clean up the site and works to the satisfaction of the Engineer. The Contractor shall provide a written release from the Owner of the site used for the site offices and construction materials indicating satisfaction with the condition of the site. 4 ,. SUPPLEMENTARY GENERAL CONDITIONS SGC-9 20. CONTRACTOR'S GENERAL OBLIGATION • The Contractor is to include in his Contract Unit Prices and Lump Sums for the execution of all works or obligations, including any necessary licenses or permits, described in the Specifications and Drawings, particularly, under the Supplementary General Conditions, whether or not such work or obligation is set out in the Form of Tender. Particular attention is drawn to the Contractor's general obligation to provide, erect and maintain detours, including flagmen, signs, barricades, lights and watchman. 21 . SANITARY CONVENIENCES The Contractor shall provide and properly maintain in clean condition, a suitable and convenient privy or closet accommodation for his men, so that they shall not be a source of inconvenience, complaint or nuisance to the public or to the residents in the vicinity of the works. 22. PRESERVATION OF TREES The Contractor shall be required to exercise utmost caution to ensure that no living trees or hedges are damaged by his operations or his execution of this Contract. 23. DISPOSAL OF MATERIALS Refer to General Notes on Contract Drawings. The Engineer shall approve haul roads or order that alternate roads be used. The Contractor shall be responsible for correcting noise and/or dust complaints from the use of such haul roads by his equipment. Trucks shall not be overloaded or loaded in such a manner as to allow materials to drop along haul roads. Clay, asphalt, concrete and other unsuitable materials shall be disposed of by the Contractor at disposal sites obtained by the Contractor. 24. IRON BAR MONUMENTS The Contractor shall be responsible for replacement of iron bar monuments, damaged through his negligence, by an Ontario Land Surveyor. The Contractor shall mark iron bars with steel fence posts. I SUPPLEMENTARY GENERAL CONDITIONS SGC-10 25. DUST CONTROL 410 The Contractor shall keep dust caused by trucking on paved streets to a minimum at his own expense either by sweeping or applying water. 25. DEFECTIVE WORK The Engineer may carry out inspections of the installed sewers by television camera, photographic camera or any other means and the Contractor shall provide at no additional cost to the Owner such unskilled assistance as the Engineer may require therefor. Provided that no defective work is indicated by such inspections, the whole of the cost for inspectors, trained operators, equipment rental and materials shall be borne by the Owner. If, however, defective work is indicated by such inspections, the Contractor shall bear a part of the total inspection cost in the proportion that the number of defective sections of sewer bears to the total number of sections inspected being defined as a length of pipe between adjacent manholes. 27. CONFLICTS AND OMISSIONS In the event of any inconsistency or conflict in the contract documents, the following shall take precedence and govern in the following order: Addenda (i .e. precedence over Plans) Plans Form of Tender Information for Tenderers Supplementary General Conditions Specifications General Conditions 28. TRAFFIC SIGNS Stop signs and/or yield signs removed during construction shall be replaced immediately when the street is reopened for use. The Contractor shall be responsible for damage caused to the signs during removal and erection. The permanent installation of the signs shall be by the Municipality after the project has been completed. 29. STREET NAME SIGNS The Owner shall remove and replace street name signs. The Contractor shall advise the Owner 24 hours in advance when a sign is to be removed. S SUPPLEMENTARY GENERAL CONDITIONS SGC-Il 30. LOCAL ROADS • The Contractor shall so conduct his operations on the site of these works that the use of adjacent roads by vehicles employed under this Contract will not endanger public, pedestrian and vehicular traffic thereon nor hinder the use of such facilities. The Contractor shall clean and maintain the cleanliness of adjacent roads and the property occupied by him from waste material or refuse resulting from his operations to the satisfaction of the Engineer. Trucks hauling excavated material , cement, sand, stone or other loose material to or from the site shall have their loads trimmed and their bodies shall be tight in order that no spillage of their loads will occur. In general , the Contractor's truck and equipment operations on all roads shall be governed by the Highway Traffic Act, local traffic ordinances and regulations of the local Fire, Police, Traffic and Works Departments. Should the Contractor, in the opinion of the Engineer, be negligent in his duties in maintaining proper street cleanliness, the Owner will take the necessary steps to perform such cleaning and shall charge the Contractor all costs therefor. 31. ERRORS AND OMISSIONS BY CONTRACTOR Errors, mistakes, omissions or unauthorized changes made by the Contractor or his agents, workmen or employees and all damage that may result therefrom shall be rectified by the Contractor at his own expense. 32. CONFLICT WITH UTILITIES The Contractor shall expose utilities in advance of construction to assist the Engineer in determining if the proposed work will conflict with any existing plant. The onus shall be on the Contractor to anticipate if a conflict may occur and to proceed with exposing the existing plant far enough in advance to allow the Engineer to decide on remedial measures to resolve the conflict. Delays resulting from the Contractor not allowing the Engineer sufficient time to enact remedial measures shall be at the Contractor's expense. SUPPLEMENTARY GENERAL CONDITIONS SGC-I2 33. COST OF POWER AND FACILITIES AT THE SITE The Contractor shall provide and shall bear the costs of all electricity, fuel , water and sanitary facilities required for, or at the site of, the works up to the date of acceptance by the Engineer. Such costs incurred after the said date shall be borne by the Owner save that any such costs incurred in completing unfinished work or rectifying deficiencies may, at the discretion of the Engineer, be charged against the Contractor. 34. EXCESS LOADING OF MOTOR VEHICLES The Contractor shall not cause or permit to be loaded beyond the capacity for which it is licensed, any vehicle used on the work under this Contractor, whether such vehicles are registered in the name of the Contractor or otherwise. 35. ERRORS IN CONTRACT DOCUMENTS The Contractor shall review the contract documents and promptly report to the Engineer any error, inconsistency or omission he may discover. If the Contractor does discover any error, inconsistency or omission in the contract, he shall not proceed with the work affected until he has received corrected or missing information from the Engineer. The Contractor shall provide reasonable time at no cost for such resolution by the Engineer. The Contractor shall accept all risks for any solutions assumed by him without the Engineer`s consent pursuant to Section 30. 36. AGENTS OF OWNER The Contractor agrees that any indemnification or remedies available to the Owner as signator to this Contract shall be extended and be applicable to any agents of the Owner, including the Engineer. SUPPLEMENTARY GENERAL CONDITIONS SGC-13 RECONSTRUCTION Qf ADDISON STREET AREA 9531 410 CONTRACT NO. 2 VILLAGE OF PORT BURWELL SPECIFICATIONS PART I SEWERS 1.1 DESCRIPTION (a) SCOPE OF WORK The Contractor shall provide all labour, equipment, supervision and supply and material necessary to complete the work as shown in, described by or reasonably inferable from the Drawings and Specifications of the sizes and classes specified complete with manholes, private drain connections, appurtenances, etc. The work shall include all necessary excavation, backfilling, testing and clean-up. 1.2 MATERIALS (a) PIPE Al] pipe, couplings and fittings shall be watertight and free from cracks, fractures or other defects. The Engineer may require documentary evidence to the effect that pipe materials supplied by the Contractor shall comply with the terms of the specifications. S SPECIFICATIONS PART I SEWERS 1. 1.2 MATERIALS (Cont'd) 411 (a) PIPE (Cont'd) (i) CONCRETE PIPE All non-reinforced sewer pipes shall conform to A.S.T.M. Specification C-14-63-SS, or latest amendment unless otherwise noted. All concrete sewer pipes up to an including 375 mm diameter shall conform to A.S.T.M. Specification C-14. or latest amendment unless otherwise noted. All concrete sewer pipe 450 mm diameter and over shall conform to A.S.T.M. Specification C-76-61-T or latest amendment, unless otherwise noted or required to meet strength or depth conditions. The ends of concrete sewer pipe may be either bell and spigot or tongue and groove type. The ends shall be uniform to ensure accurate joint surfaces. Rubber gaskets shall conform to A.S.T.M. Specification C-443-60-T and shall be Tylox Type C for tongue and groove type, or Texton Type K for bell and spigot type, both as manufactured by the Hamilton Kent Manufacturing Company of Cooksville, Ontario or the equal approved by the Engineer. (ii) POLY VINYL CHLORIDE PLASTIC PIPE P.V.C. Gravity Sewer Pipe and Fittings for sanitary sewer shall conform to A.S.T.M. Standard D3034. Sewer main pipe shall have a Dimensions Ratio (DR) of 35 maximum. The pipe shall have locked in gasket and integral bell joint features. Pipe stiffness shall be not less than 46 p.s.i . and shall conform to A.S.T.M. Standard 02412. (iii) CORRUGATED METAL PIPE (If Required) Corrugated metal pipe, riveted type shall have standard annular corrugated couplers consisting of 600 mm wide rod and lug type with neoprene gasket. 410 Continued. . . SPECIFICATIONS PART 1 SEWERS 2. 1.2 MATERIALS (Cont'd) 411 (a) PIPE (Cont'd) (iii) CORRUGATED METAL PIPE (IF REQUIRED. Corrugated metal pipe not designated as riveted may be the helical type (Hel-Cor) with rerolled annular corrugations to permit the use of annular corrugated coupler bands. The dimple type coupler with a wedge or the Hugger Band will not be acceptable. Diameters, wall thickness and coatings shall be as designated on the Drawings. (iv) PLASTIC TUBING Perforated and solid plastic tubing used for miscellaneous drains shall be agricultural tubing as manufactured by the Big '0' Tile Company Limited or equal . All perforated tubing shall have the sock filter. (v) GENERAL In addition, the joints shall conform to the requirements of the Ministry of Environment and Energy. Connections to the new sewers must be made with factory manufactured tees or laterals. The Contractor may be required to locate existing drains at the property line prior to placing tees, in areas where the location of existing services is uncertain. Connections to the existing storm sewer shall be made by breaking a hole into the pipe, small enough to permit a short bell end of pipe to rest on the existing pipe. The stub shall be cut to suit the internal shape of the existing pipe and shall be positioned in place with quick-set cement. The inside shall be hand finished through the tee branch. (b) BEDDING MATERIAL HL 4 STONE BEDDING SHALL BE USED ON ALL TRENCHES. THE FILTER CLOTH PLACED ON THE BEDDING MATERIAL AT SPRINGLINE OF THE PIPE SHALL BE TEXEL 7612 OR EQUAL. Well pointed trenches will require a woven filter fabric (Texel 7612 or approved equal) complete enveloping the bedding and pipe. 4 SPECIFICATIONS PART 1 SEWERS 3. 1.2 MATERIALS (Cont'd) I/ (c) BACKFILL MATERIAL All backfill material shall be clean dry sand except at undercrossings where HL 4 stone shall be used. (d) SHEETING, SHORING AND PILING All plank used for sheeting, sheet piling or lagging, and all timber used for braces, shores and stringers, or waling strips, shall be of an approved timber quality; sound, straight, free from cracks, shakes, large or loose knots and exhibit the required dimensions throughout. (e) PRECAST MANHOLES Precast manhole sections shall be to the dimensions and sizes shown on the Drawings. The precast sections shall comply with the current A.S.T.M. Specification C478 for precast reinforced concrete manholes. Steps shall be safety aluminum grade 6551.4 spaced at 300 mm intervals. Safety gratings shall be aluminum as manufactured by Oaks Precast Industries or approved equal . Transite manhole couplings or approved sand-coated nipples shall be used at all manholes to receive poly-vinyl chloride plastic pipe. Storm sewer manholes shall be complete with weepholes. (f) PRECAST CATCHBASINS Catchbasins shall be standard precast square catchbasins as shown on the Drawing, complete with weepholes. (g) CASTINGS (i) Manhole frames and covers shall be cast iron heavy duty round pattern with 575 nm diameter opening. OPSD 401.01 open type cover for storm sewer and OPSD 401.01 closed type cover for sanitary sewer, unless otherwise noted on the Drawings. (ii) Catchbasin frames and grates shall be 600 mm square, OPSD 400. 11. SPECIFICATIONS PART 1 SEWERS 4. 1.3 CONSTRUCTION METHODS 11 (a) SETTING OUT All pipe shall be laid on the line to the grade shown on the drawings or determined by the Engineer. Any variation therefrom shall be correctly relayed. The Contractor shall use a LASER beam and shall be responsible for setting the LASER correctly from the ltne and grade given by the Engineer. The pipe invert shall be checked by the Contractor a short distance upgrade from each manhole to ensure that the laser is operating satisfactorily. It is the Contractor's responsibility to ensure that his equipment is operating properly to the satisfaction of the Engineer. The Engineer shall be notified of any layout work carried out and shall check same if he so desires. Checking of layout work or failure to do so on the part of the Engineer in no way relieves the Contractor of full responsibility for construction to the proper location, alignment and grade. (b) EXCAVATION All excavation shall be carried out according to the Construction Safety Act as per Section 10 of the Supplementary General Conditions. The Contractor shall maintain the flow of all sewers or drains encountered. Abandoned pipes to remain in place shall have ends sealed with cement mortar. Abandoned pipes removed shall be separated from fill and disposed of. All ditches, swales and trenches shall be excavated beginning at the lowest and proceeding towards the upper end and shall be true to the line, grade and cross-section indicated on the Drawings. When trenches are excavated wider than the above maximum, caused by the use of power equipment, lack of bracing or other reasons, any increase in quantities of excavation, sand, gravel , or other backfill , or other items incurred by the excess width shall be made with thoroughly compacted selected granular material . SPECIFICATIONS PART I SEWERS '5. 1.3 CONSTRUCTION METHODS (Cont'dI 411 (b) EXCAVATION (Cont'd) Where the bottom of the trench is in unsuitable soils, such soft materials shall be removed to the depths directed by the Engineer and replaced with HL 4 stone so as to secure a good foundation. Excavation shall proceed only as far in advance of pipe laying as shall be permitted by the Engineer, but shall not exceed 30 metres. IN GENERAL, ALL WATER ENCOUNTERED IN TRENCHES SHALL BE PUMPED OR BAILED OUT AND IN NO CASE SHALL THE PIPE BE USED AS A DRAIN FOR SUCH WATER. NO PIPE SHALL BE LAID IN WATER. The Contractor shall be responsible for ensuring that pipe do not "float" in high water conditions. Any pipe that has floated shall be relayed at the Contractor's expense. In locations where other utility lines are to pass above the sewers, backfill shall be hand placed in lifts of not greater than 150 mm and compacted by means of power rammers to 95% Proctor density or as shown on the drawings. Extent of consolidated backfill shall be 2 m on either side of the crossed utility centreline. The utility lines shall be supported to the approval of the appropriate authority. (c) PIPE BEDDING The bedding material shall be compacted to a density of 95% Proctor density as determined by the current A.A.S.H.O. Method T-99-38. (d) SHEETING. SHORING AND PILING The Contractor shall sheet and shore his excavation where necessary to prevent caving-in of adjacent material , which would result in damage to nearby installations. The tendered prices shall allow for all necessary sheeting and shoring. (e) PIPE INSTALLATION Pipe, fittings and all accessories must be loaded and unloaded by lifting with hoist or skidding so as to avoid shock or damage. Under no circumstances shall such material be dropped. Pipe handled on skidways shall not be skidded or rolled against pipe already on ground. • SPECIFICATIONS PART I SEWERS 6. 1.3 CONSTRUCTION METHOD (Cont'd) k (e) PIPE INSTALLATION (Cont"d1 Every precaution shall be taken to prevent material from entering the pipe while it is being placed in the line. If the pipe laying crew cannot put the pipe into the trench and in place without getting dirt into it, a heavy tightly woven canvas bag of suitable size shall be placed over each end and left there until the connection is to be made to the adjacent pipe. All trench water shall be removed while pipe laying is in progress. Whenever pipe laying is discontinued for any length of time, a stopper must be placed into the end of the pipe line to prevent water or earth from entering it. THE CONTRACTOR MUST HAVE A WATERTIGHT PLUG AVAILABLE AT ALL TIMES TO FIT MAIN SEWERS. THIS PLUG MUST BE IN PLACE WHENEVER PIPE LAYING IS DISCONTINUED. TO AVOID INTERFERENCE WITH THE LASER, THE CONTRACTOR MAY BE INSTRUCTED TO PLACE THE PLUG IN THE OUTLET PIPE OF THE MANHOLE. The private drain connections shall be firmly positioned in place by tamping clear stone under and moist sand around the pipe. The end of the sewer service pipe shall be plugged (if not connected) and its location marked with a 50 mm x lOO mm extending from the invert of the pipe to the ground surface. THE END OF THE 50 mm x 100 mm SHALL BE PAINTED RED FOR SANITARY AND GREEN FOR STORM. (f) MANHOLES Where ordered by the Engineer, stubs shall be provided in manholes for future connections. All such stubs shall be properly plugged with precast concrete plugs or stoppers. Existing manholes or other structures which are broken open to receive new pipe connections shall be properly patched, grouted and finished to the satisfaction of the Engineer. The base for the precast manholes shall be rough formed and poured in place to the dimensions shown. The first riser precast section shall be placed in the fresh concrete to a depth of 75 mm as shown. The concrete shall then be allowed to harden to form a secure and watertight joint between the poured concrete base and precast section. The remaining precast sections may then be added. Alternatively, precast manhole bases may be used with stone bedding. Precast bases shall be set to the specified grade and shall have uniform overall contact with the underlying bedding. The remaining precast sections shall then be placed plumb and true to grade. Any adjustment of the unit for plumb, alignment or grade shall be carried out by lifting the unit free of the excavation, levelling the base, and replacing the unit to proper alignment and grade. SPECIFICATIONS PART 1 SEWERS 7. 1.3 CONSTRUCTION METHODS (Cont'd) 410 (g) BACKFILLING (i) BACKFILLING TO MID-DIAMETER OF PIPE Bedding material as specified in Section 1.2(b) and as shown on the drawing shall be deposited in the trench uniformly on both sides of the pipe for the full width of the trench and to the mid-diameter of the pipe. THIS MATERIAL WILL BE COMPACTED PRIOR TO ADDITIONAL BACKFILLING. iii ) BACKFILLING_ REMAINDER OF TRENCH Succeeding layers of backfill material , as specified in Section 1.2(c) may contain coarser materials and shall be free from brush or any other perishable or objectionable material that would prevent proper consolidation or that might cause subsequent settlement. The backfill must be placed and compacted to 95% Proctor density in 600 mm maximum layers by mechanical means. Backfill pushed into the trench by a bulldozer must be rolled down a slope, not pushed directly over the edge of the trench and allowed to drop. Excavation shall be kept free of water while backfilling is in progress. The Contractor shall be responsible for making good all settlement and restoring any damage resulting from settlements. (h) TESTING Sewers shall be made watertight against infiltration and exfiltration. The permissable EXFILTRATION rate is 1.40 litres per 25 mm of conduit barrel (internal diameter) , per 30 m of line length, per hour with 600 mm head of water above the highest pipe. This rate is to be increased by 10% for every additional 600 mm head. The permissable INFILTRATION rate is 1. 14 litres per 25 mm conduit barrel (internal diameter) , per 30 m of line length, per hour. The Contractor shall furnish all labour, tools, rope, etc. necessary for examining the manholes and pipes when completed. The Contractor shall also furnish the necessary labour to assist the Engineer in measuring up the work and in opening manholes, etc. for examination of the work. • SPECIFICATIONS PART 1 SEWERS • 8. 1.3 CONSTRUCTION METHODS (Cont'd) 410 (i) CASTINGS AND ADJUSTMENTS } Manhole frames and covers and catchbasin frames and grates shall be adjusted to suit the grade of this contract as directed by the Engineer using moduloc sections with ladder rungs as required. The Contractor shall replace deteriorated brickwork with moduloc or precast sections as directed by the Engineer. Catchbasin adjustments in excess of 300 m shall be completed with precast sections. The Contractor shall remove foreign material from all manholes and catchbasins adjusted whether placed by or previous to his operations. ALL MANHOLE COVERS AND CATCHBASIN GRATES SHALL BE SET ON FILTER FABRIC DURING CONSTRUCTION. Castings damaged by Contractor shall be replaced at no expense to the Owner. (j) MAINTENANCE All road cuts shall be maintained by the Contractor during construction and until the project is accepted by the Engineer. Road cuts shall be maintained with materials approved or requested by the Engineer at no extra cost to the Contract. 1.4 MEASUREMENT AND PAYMENT (a) PIPE All pipe, including catchbasin connections and private drain connections shall be measured and paid for in lineal metres measured from centre to centre of manholes or from points of connection or capped ends. Connection of existing drains to revised outlets as requested by the Engineer will be measured likewise under appropriate items for private drain connections or catchbasin connections. Connections shall be measured along the centreline of the pipe (following bends) past adaptors to the point of connection or capped ends. • SPECIFICATIONS PART 1 SEWERS 9. I .4 MEASUREMENT AND PAYMENT (Cont'd) 410 (a) PIPE (Cont'd) Payment shall include the following: - maintaining flow of existing sewers and drains - removal of existing pipe as encountered or adjacent to new sewers, including separation from backfill - supply and placing of pipe - supply and placing imported sand backfill to road subgrade - excavation, disposal and levelling of unsuitable and excess material at disposal sites - placing filter cloth at pipe springline - dewatering trenching, including well pointing and woven filter fabric if required - sheeting and shoring where required - supply, placing and compaction of stone bedding, including additional stone in poor soil conditions, for sewer undercrossings - breaking and entering existing manholes and catchbasins, rebenching as required - connecting existing sewers and private drain connections, including cleaning 2 metres upstream from connections - capping of abandoned sewers with cement mortar - timber supports for utility crossings. - fittings, bends, adaptors, plugs, wood markers - testing - maintenance of road cuts, driveways - locating existing private drain connections - dust control by sweeping - couplers at manholes for PVC pipe - exposing utilities prior to laying sewer in areas of anticipated conflict - use of temporary water-tight sewer plugs on mainline - cleaning sewers - RESTORATION OF SURFACE FEATURES as indicated on the Drawings (b) PRECAST MANHOLES The tender price per vertical metre of depth for manholes shall include the supply and installation of same, including benching, stubs for future connections, filter fabric, excavation, supply, placing and compaction of backfill , connection of existing sewers, adjustment to grade, etc. , but EXCLUDING covers and frames. Measurement shall be made from the effluent invert to the underside of the frame. 4110 SPECIFICATIONS PART 1 SEWERS 10. 1.4 MEASUREMENT AND PAYMENT (Cont'd) • (c) MANHOLE FRAMES AND COVERS OR GRATES Payment for frames and covers or grates shall be at the bid unit price and shall include the supply and installation of same. (d) CATCHBASINS The unit price bid for catchbasins shall include the supply and installation of same, including excavation, backfilling, etc. and INCLUDING frames and grates, filter fabric, and adjustment sections. The unit price bid for removing and relocating existing catchbasins shall include adjustment to grade at new location and sand backfill at former location. Adjustments in excess of 300 mm, required to suit Drawings or as requested by the Engineer, shall be made with precast extensions and shall be paid at the adjustment unit prices. (e) MISCELLANEOUS WATERMAIN All installations shall include appropriate Uni-flange thrust restraints and general installation in accordance with approved standards by area Public Utility Commissions. The lump sum price bid for hydrant relocation shall include replacement of the lead from the shut-off valve to the hydrant, reblocking of the hydrant and replacement of clear stone soak pit with geotextile separator. The Contractor shall make minor grade adjustments as directed on site and as allowed by pipe deflections. Hydrant extensions, if required, will be paid as an extra. (f) MISCELLANEOUS All other items shall be measured and paid for at the unit or lump sum prices bid in the Form of Tender and as described or reasonably inferred on the Drawings. Unless indicated otherwise in the Form of Tender„ other items shall include the supply of materials, equipment and labour necessary to complete the item. SPECIFICATIONS PART 1 SEWERS RECONSTRUCTION OF ADDISON STREET AREA 9531 411 CONTRACT NO. 2 VILLAGE OF PORT BURWELL SPECIFICATIONS PART 2 ROADWORK 2.. 1 DESCRIPTION (a) SCOPE OF WORK The Contractor shall provide ail labour, equipment, materials and supervision necessary to complete the work as shown in, described by or reasonably inferable from the Drawings and Specifications including: ROADWORK in accordance with the provisions of this Specification and conforming to the lines, grades, thicknesses and cross-sections shown on the Drawings or designated by the Engineer. NOTE: Refer to General Notes on Drawing. 2.2 MATERIALS (a) GRANULAR BASE 'B' Granular Base 'B' shall conform to OPSS 1010, EXCEPT that it shall meet the following modified gradation requirements: Sieve Size Percentage Passing 4" (106 mm) 7/8" (22.4 mm} 100 5/8." 4 (16.0 mm) 7-100 3/8" (9.5 mm) 47-l96 #4 (4.75 mm) 36- 96 25- 86 #16 (1. 18 mm) #50 (300 u ) lO-= '7 #200 ' (75 k ) 5- 37 0- 8 410 SPECIFICATIONS PART 2 ROADWORK 1. 2.2 MATERIALS (Cont'd) 410 (a) GRANULAR BASE 'B' (Cont'd) Note: Notwithstanding the foregoing, if due to the nature of the particles, the requisite combination of cohesion and compaction necessary to provide for safe and reasonably easy passage for vehicles is not obtained, the Contractor shall , on the Engineer's directions, either discontinue the use of such materials or shall find a suitable blending material to mix with the original material so as to provide performance under traffic satisfactory to the Engineer; but in no case shall pit run material after blending contain more than eight percent passing the No. 200 sieve. AGGREGATE SAMPLES AND LOCATION OF PIT SHALL BE SUBMITTED FOR APPROVAL TWO WEEKS PRIOR TO USING. (b) GRANULAR BASE Granular 'A' material shall conform to OPSS 1000, 1010. AGGREGATE SAMPLES AND LOCATION OF PIT SHALL BE SUBMITTED FOR APPROVAL TWO WEEKS PRIOR TO USING. (c) SUBGRADE SUBDRAINS The perforated pipe used for SUBGRADE SUBDRAINS under the curb and gutter shall be PVC Building Sewer Pipe, 100 mm diameter perforated with 16 mm diameter holes at 150 mm centres as manufactured by Scepter Manufacturing or equal . (d) TOPSOIL Topsoil shall be good quality material and free from roots, stones and other deleterious material . A sample shall be submitted to the Engineer for approval . (e) SEEDING Standard MTO approved grass seed mixtures shall be used. Seed must be current year stock and carry a germination guarantee from a reputable seed house. (f0 SODDING Sod shall be fresh cut #1 Nursery Turf and shall be free from weeds or insects. (y) FERTILIZER Fertilizer shall be standard commercial fertilizer (5-20-20) for seeding and (10-10-10) for sodding. 4 SPECIFICATIONS PART 2 ROADWORK 2. 2.3 CONSTRUCTION METHODS (SHALL CONFORM TO OPSS 206, 310, 314, 501, 570, 571 , 572) (a) REMOVAL OF EXISTING WORK Pavement, concrete curbs, sidewalk, catchbasins, manholes, stumps, etc. shall be removed with such equipment and in such a manner as to leave undisturbed adjacent pavement, curbs, sidewalk, structures, utilities and other work to be left in place. Also included in the removal work will be the removal of portions of paved driveways where designated. The broken edges of pavement, sidewalk, and curb and gutter to be left in place shall be squared up as designated by the Engineer. NOTE: THE CONTRACTOR MUST HAVE A CONCRETE SAW ON THE SITE TO FACILITATE REMOVAL OF WORK ADJACENT TO CONCRETE AND ASPHALT AREAS TO BE LEFT UNDISTURBED. Leads to catchbasins, manholes, etc. that are removed shall be suitably plugged with cement mortar. Manhole and catchbasin frames, and covers and grates shall be carefully salvaged and delivered to the Works Department. Voids left by removals below subgrade shall be filled with clean sand and compacted to 95% Proctor density. (b) EXCAVATION AND GRADING The Contractor shall excavate all unsuitable or excess material from the roadbed and DRIVEWAYS to the lengths, widths and depths as directed by the Engineer and dispose of all surplus excavated material . Over excavation of subgrade unless ordered by the Engineer shall be brought to grade with suitable material at no cost to the Owner. Excavation shall be carried out in such a manner as to leave undisturbed other work to be left in place and to prevent any damage to the utilities. The top 150 mm of finished subgrade shall be graded using a road grader and then compacted to 100% Proctor density. If necessary, water shall be applied to facilitate compaction. Additional excavation, if required due to poor subgrade, will be ordered at this time. No granular base shall be placed until it has been ascertained whether further excavation is required and the Contractor is so instructed. The Contractor shall co-operate with the utility companies during construction. The Contractor shall provide for the removal and disposal of abandoned utilities encountered within the excavation. 410 SPECIFICATIONS PART 2 ROADWORK 3. 2.3 CONSTRUCTION METHODS (Cont'd) (SHALL CONFORM TO OPSS 206, 310, 314, 501, 570,571, 572) • (b) EXCAVATION AND GRADING (Cont'd) The subgrade shall on completion be shaped to the specified grade and cross-section. The finished surfaces shall not deviate more than 25 mm from the specified grade and cross-section. Only compacting equipment approved by the Engineer shall be employed to compact the different material types encountered during construction. Generally, the sheepsfoot roller will be used to compact cohesive materials and the self-propelled Steel Wheel Roller will be used to compact non- cohesive materials. The Contractor may, after providing its efficiency by demonstration at his own expense, and after receiving the Engineer's approval , employ special compacting equipment. (c) GRANULAR BASE Granular base shall be placed, compacted to 100% Proctor and shaped to proper grade and cross-section in uniform layers not exceeding 150 mm in depth. Each layer shall be thoroughly compacted before the succeeding layers are placed. A ROAD GRADER shall be used for all grading operations. The rate of placing material shall be controlled by the adequacy of the compaction obtained. Regardless of the type of equipment used to deposit and spread the base course material , a minimum of one compacting unit shall be required and maintained in effective operation for each 275 tonnes of material placed per hour. Water, if required for compaction, shall be applied immediately ahead of the compacting unit. Application of water shall be with a portable water tank equipped with a spray bar at least 2 m wide. The granular sub-base shall be regularly cleaned, shaped and graded to ensure proper drainage and maintain easy access for passenger cars. The instructions of the Engineer regarding cleaning, grading and shaping of the road shall be promptly attended to by the Contractor. Failure of the Contractor t.o satisfy the Engineer shall result in the work being done by others and all costs involved being deducted from monies due to the Contractor under this Contract. The Contractor agrees to accept the decision of the Engineer as to the necessity, urgency and extent of such cleaning, grading and shaping as final and binding. 411 SPECIFICATIONS PART 2 ROADWORK 4.. 2.3 CONSTRUCTION METHODS (Cont'd) (SHALL CONFORM TO OPSS 206, 310, 314, 501, 570,571, 572) (d) CALCIUM CHLORIDE Where directed and after the final layer has been placed and compacted, calcium chloride shall then be applied at the rate of 1 kilogram per square metre (2 lbs/yd2) by means of a mechanical spreader. (e) SODDING AND SEEDING The Engineer shall direct which areas are to be topsoiled and sodded or seeded. Topsoiling of the sites in preparation for sodding or seeding shall be performed by the Contractor who will be required to supply, spread and compact an average of 100 mm of approved imported topsoil material . The area must be graded and compacted before placing topsoil . The sod shall be laid within 24 hours of being lifted. No sod shall be laid in a frozen condition or upon frozen ground, or under any other condition not favourable to transplanting or growth. Fertilizer shall be uniformly spread at a rate of 4.5 kg/100 m2, 48 hours maximum prior to sodding. Seeding shall be in accordance with MTO 572 specification for hydraulic seeding. The Contractor shall be responsible for watering the areas seeded and sodded, and shall be responsible for growth for a 12-month period after the project has been accepted by the Engineer. 2.4 MEASUREMENT AND PAYMENT (a) EXCAVATION AND GRADING Excavation and grading shall be paid for at the lump sums bid in the Form of Tender. Payment for excavation shall be compensation in full for the removal and disposal of pavement, curbs, curb and gutter, sidewalk and for all excavation, grading, borrow material for filling depressions, including removal , hauling and disposal of excavated materials, compaction of subgrade, construction of cross-section to design grade, construction of driveways and levelling of disposal areas. Also included shall be saw cutting and other associated work necessary to complete the removals. S SPECIFICATIONS PART 2 ROADWORK 5. 2.4 MEASUREMENT AND PAYMENT (Cont'd) I/ (b) GRANULAR BASE Granular base 'A' and 'B' shall be measured in tonnes. Granular 'A' used in the restoration of driveways shall be included in this item. The unit price per tonne shall be compensation in full for the supply, placing, grading, blending, if necessary, and compaction, including removing contaminated material , fine grading and compaction. The price shall also include maintenance of the granular base while being used by vehicular traffic during construction. The following conditions must be adhered to in order to receive payment: (i) Materials shall be placed according to the direction of the Engineer. (ii) No material shall be placed before the weigh ticket is received and signed by the Engineer's representative. (iii) Weighing of materials will conform to the Ministry of Transportation Ontario Form 502 (latest revision) "Construction Specifications for Weighing Materials." (iv) No payment shall be made for material placed contrary to the above conditions. The Engineer may make deductions for granular materials used to raise areas of over-excavated subgrade to theoretical subgrade level . (c) CALCIUM CHLORIDE Payment for application of calcium chloride will be made for the measured quantities of calcium chloride at the price bid per tonne on the tender for this item. Said price shall be compensation in full for the handling, hauling, manipulating of the gravel surface, spreading, rerolling, compacting and all other costs incidental to the performance of this item. 1 SPECIFICATIONS PART 2 ROADWORK 6. 2.4 MEASUREMENT AND PAYMENT (Cont'd) (d) LANDSCAPING Quantities of sodding and/or seeding shall be measured in place in square metres. Quantities, measured as provided above, shall be paid for at the contract price per unit of measurement in the Form of Tender, which prices and payment shall constitute full compensation for the supply of all materials and labour necessary to complete the work, including excavation or filling, grading, placing topsoil , fertilizer, seed, sod, staking sod where necessary and maintaining growth for 13 months. In fill areas, payment shall include supply, placing and compacting acceptable fill material . (e) SUBGRADE DRAINS The subgrade drains will be measured from the capped ends to the points of connection into the storm manholes and catchbasin in lineal metres. Payment shall include the following: excavation and disposal of excess material - supply and placing of pipe - supply and placing of clear stone bedding geotextile wrap - dewatering necessary for placing bedding and pipe connecting to catchbasins, storm manholes (f) CLEARING, GRUBBING AND TRIMMING The unit prices bid for clearing and grubbing shall include the complete removal of all trees and stumps, approved off-site disposal and/or chipping if required, cutting into firewood lengths as directed by adjacent homeowners and piled on their property adjacent to the road allowance (splitting not required) , and protection of existing utilities from damage. Trimming of existing trees which are to remain, shall be completed by competent personnel to the limits directed on site by the Engineer and/or homeowner, to prevent interference with the proposed roadway, including removal and approved off-site disposal and/or chipping of all brush, and dressing of tree wounds. (g) MISCELLANEOUS All other items shall be measured and paid for at the prices bid in the Form of Tender. Unless indicated otherwise in the Form of Tender, items shall include the supply of materials, equipment and labour necessary to complete the item. 410 SPECIFICATIONS PART 3 ROADWORK 7. INDEX TO SPECIFICATIONS PAGE • PART I SEWERS 1.1 DESCRIPTION (a) Scope of Work 1 1.2 MATERIALS (a) Pipe 1 (b) Bedding Material 3 (c) Backfill Material 4 (d) Sheeting, Shoring and Piling 4 (e) Precast Manholes 4 (f) Precast Catchbasins 4 (g) Castings 4 1.3 CONSTRUCTION METHODS (a) Setting Out 5 (b) Excavation 5 (c) Pipe Bedding 6 (d) Sheeting, Shoring and Piling 6 (e) Pipe Installation 6 (f) Manholes 7 (g) Backfilling 8 (h) Testing (i ) Castings and Adjustments 9 (j) Maintenance 9 1.4 MEASUREMENT AND PAYMENT (a) Pipe 9 (b) Precast Manholes 14 (c) Manhole Frames and Covers or Grates 11 (d) Catchbasins 11 (e) Miscellaneous Watermain 11 (f) Miscellaneous 11 • INDEX TO SPECIFICATIONS PAGE PART 2 ROADWORK 2. 1 DESCRIPTION (a) Scope of Work 1 2.2 MATERIALS (a) Granular Base 'B' 1 (b) Granular Base 'A' 2 (c) Subgrade Subdrains 2 (d) Topsoil 2 (e) Seeding 2 (f) Sodding 2 (g) Fertilizer 2 2.3 CONSTRUCTION METHODS (a) Removal of Existing Work 3 (b) Excavation and Grading 3 (c) Granular Base 4 (d) Calcium Chloride 5 (e) Sodding and Seeding 5 2.4 MEASUREMENT AND PAYMENT (a) Excavation and Grading 5 (b) Granular Base 6 (c) Calcium Chloride (d) Landscaping 7 1 (e) Subgrade Drains 7 (f) Clearing, Grubbing and Trimming 7 (g) Miscellaneous 7 Thet Corporation of the Village of Port Burwell PO Box 10 21 Pitt Street Port Burwell ON NOJ 1TO BY-LAW 95-43 Being a by-law to appoint an additional Lottery Licensing Officer WHEREAS the Municipal Act R.S.O. 1990, c. M.45, s. 207, p. 45, as amended provides for appointing such officers and employees as may be necessary for the purposes of the corporation or for carrying into effect any Act of the Legislature or by-law of the Council, and; WHEREAS By-Law 93-02 was passed appointing David Free as the Lottery Licensing Officer for the Corporation, and; WHEREAS Council deems it necessary to appoint an additional Lottery Licensing Officer; THEREFORE the Council of the Village of Port Burwell enacts as follows: 1. That Donna Lamoure be and is hereby appointed as an additional Lottery licensing Officer for the Corporation, to hold such offices at the pleasure of the Council of the Corporation. 2. That such Lottery Licensing Officer shall exercise all the authority powers and rights, and shall perform all the duties and obligations which, by statutes or by-laws are or may be conferred or imposed upon the Lottery Licensing Officer along with any other duties as may be imposed by the Council of the Corporation. THIS by-law comes into effect on the date of passing. Read a first and econd t. his 6th da of July, 1995. at .,:� AO" aa-strator/Clerk-Treasurer 1 Read a third and final time this 6th day of july, 1995. ./'! Alp./ Reeve dr Adrninis ator/Clerk-Treasurer 2 i THE CORPORATION OF THE POR t 80_ iP 4 VILLAGE OF PORT BURWELL 41movi►�ff P. O. Box 10.Port Burwell. Ontario NOJ ITO rgaMil( telephone (519)874-4343 • fax (519)874-4948 ir PORT US AEFUG1\ Memo s To: Council From: D. Free Re: Lottery Licensing Date: July 4, 1995 There are numerous occasions when I am not available to sign lottery licenses as a result of meetings and vacation, etcetera. The attached by-law solves this problem. Please review this by-law in order that it may be considered at the July 6, 1995 meeting. David Free David R. Free, CET, AMCT(A) • Administrator/Clerk-Treasurer The Corporation of the Village of Port Burwell PO Box 10 21 Pitt Street Port Burwell ON NOJ 1TO BY-LAW 95-44 Being a by-law to establish a Municipal Events Committee reporting to the Council of the Village of Port Burwell WHEREAS the Municipal Act, R.S.0 1990, as amended c. M.45 s. 11p. 1 and subsection h ptl states; The Council may pass by-laws relating to the administrative and domestic affairs of the Corporation not inconsistent with this Act and the regulations and, without limiting the generality of the foregoing, (h) providing for the appointment, composition, powers and duties of the committees of Council as may be required, including the filling of vacancies and the setting of quorums; AND WHEREAS Village of Port has studies regarding tourism recommending public participation in special events and activities for increased business within the municipality. NOW THEREFORE, the Council of the Corporation of the Village of Port Burwell deems it expedient to establish a Municipal Events Committee to advise and coordinate with associations and organizations special events and tourism activities for the municipality in accordance to policies and procedures in accordance to Schedule "A" forming part of this bylaw. ti 1 Read a first and second time this 6th day of July, 1995. d- Reeve Admini rator/Clerk-Treasurer Read a third and final time this 6th day of July, 1995. dig 419 Reece V Admi strator/Clerk-Treasurer 2 POR,r 80 THE CORPORATION OF THE ' F VILLAGE O F PORT BU RWE LL f*� P. 0, Box 10, Port Burwell,Ontario NOJ ITO MIA r 4,411ai telephone (519) 874-4343 • fax(519) 874-4948 11ral&W 'ORTuS REFt1G11.0 July 17, 1995 OME Insurance Brolaers Ltd Post Office Box #45, Suite 802 2 King Street West Toronto ON M5H 3T4 Attention: Mr. Warren Snyder Dear Mr. Snyder Re: Canoe Races - Village of Port Burwell Commensurate with discussions with David Free please find attached the resolution introducing our By-Law 95-44, being a by-law to establish a Municipal Events Committee reporting to the Council of the Village of Port Burwell, as well as a certified copy of our By-Law 95-44. I trust that you will find the attached in order and if you should have nay further questions please feel free to call. Yours truly -;vi Cake Donna Lamoure Secretary, Village of Port Burwell Ends. Tom Nesbitt • Reeve David R. Free,CET. AMCT(A) • Administrator/Clerk-Treasurer Councillors • D. Mason,J. Hevenor,G. Loucks.C.Alun ���4 PORI 8��� THE CORPORATION OF THE y { VILLAGE OF PORT BURWELL Alit":'lirwha P. O. Box 10„Port Burwell, Ontario NO) ITO fila � telephone(519) 874-4343 • fax(519)874-4948 Eorel, .41110411, "CORPUS REFUGIUN' July 17, 1995 Canadian Benefit Administrators 5409 Eglinton Ave, West, Suite 108 Etob cote ON M9C 5K6 Attention: Mr. Warren Snyder • Dear Mr. Snyder Re: Canoe Races - Village of Port Burwell Commensurate with discussions with David Free please find attached the resolution introducing our By-Law 95-44, being a by-law to establish a Municipal Events Commit-tee reporting to the Council of the Village of Port Burwell, as well as a certified copy of our By-Law 95-44. 1 trust that you will find the attached in order and if you should have nay further questions please feel free to call. Yours truly ,l�•7 o[vLP Donna Lamoure Secretary, Village of Port Burwell Enols. Tom Nesbitt Reeve David R.Free,CET AMCT(A) • Administrator/Clerk-Treasurer Councillors • D. Mason,j. Hevenor.G. Loucks,C.Allin The Corporation of the Village of Port Burwell PO Box 10 21 Pitt Street Port 1 unwell ON NOJ 1T0 BY-LAW 95- 5 Being a by-law to amend By-Law 95-19, being a by-law to provide for the management, control, regulation, maintenance and usage of all facilities, monuments and properties owned or leased by the Village of Port Burwell for Historical Preservation purposes; and a By-law to authorize the carrying on of a Community programme of Historical Preservation within meaning and regulations of the Ministry of Citizenship, Culture and Recreation. WHEREAS Council deems it necessary to amend By-Law 95-19 The Council of the Village of Port Burwell enacts as follows: Introductory Paragraph Being a by-law to provide for the management, control, regulation, maintenance and usage of all facilities, monuments and properties owned or leased by the Village of Port Burwell for Historical Preservation purposes; and a By-law to authorize the carrying on of a Community programme of Historical Preservation within meaning and regulations of the Ministry of Recreation, Culture and Tourism. To Read as follows: Being a by-law to provide for the management, control, regulation, maintenance and usage of all facilities, monuments and properties owned or leased by the Village of Port Burwell for Historical Preservation purposes; and a By-law to authorize the carrying on of a Community programme of Historical Preservation within meaning and regulations of the Ministry of Citizenship, Culture and Recreation. Item #2. There is hereby authorized and established for the municipality a community -ogramme of Culture and Tourism which includes cultural, physical, multicultural and social activities within the meaning of the regulations set out under the Ministry of Recreation Culture and Tourism and the same shall be carried on for the well- 1 being of the community and f0 the use, benefits and advantage of the inhabitants. To Read as follows: There is hereby authorized and established for the municipality a community programme of Culture and Tourism which includes cultural, physical, multicultural and social activities within the meaning of the regulations set out under the Ministry of Citizenship, Culture and Recreation and the same shall be carried on for the well-being of the community and for the use, benefits and advantage of the inhabitants. Items #5. While conducting in the Municipality the community programme of museum activities within the meaning of the regulations of the Ministry Recreation, Culture and Tourism and without limiting the generality of the foregoing, the Committee shall: To Read as follows: While conducting in the Municipality the community programme of museum activities within the meaning of the regulations of the Ministry Citizenship, Culture and Recreation and without limiting the generality of the foregoing, the Committee shall: Items #5 o) Act as a lobby group when necessary to promote various new programmes that it feels are an improvement and important to the community's recreational opportunities. To Read as follows: Act as a lobby group when necessary to promote various new programmes that it feels are an improvement and important to the community's cultural opportunities. Item #5 q) Solicit and/or receive gifts or bequests of money or any donations to be applied in furtherance of the community programme of recreation hereby established. 2 To Read as follows: Solicit and/or receive gifts or bequests of money or any donations to be applied in furtherance of the community programme of cultural hereby established. Item #8.6 In consultation with the Director, recommend the suspension of a Committee member for excessive absenteeism. The Chairman with the majority support of the Committee shall advise Council re: absent members, and where necessary, recommend to Council that appointments to the Committee be terminated due to members' attendance. To Read as follows: In consultation with the Director, recommend the suspension of a Committee member for excessive absenteeism. The Chairman with the majority support of the Committee shall advise Council re: absent members, and where necessary, recommend to Council that appointments to the Committee be terminated due to members' attendance record. Item #13. It shall be an offence for any person or persons to do any of the acts hereinafter specified in this section within Museum, Lighthouse and properties without receiving prior writ-ten permission from the Recreation Director. The Recreation Director, Chairman or his designate, Committee is hereby authorized by Council to accept applications for and Authority Conduct issue any permits or written permission from the Council. To Read as follows: It shall be an offence for any person or persons to do any of the acts hereinafter specified in this section within Museum, Lighthouse and properties without receiving prior written permission from the Culture and Recreation. Director. The Culture and Recreation Director,Chairman or his designate, Committee is hereby authorized by Council to accept applications for and Authority Conduct issue any permits or written permission from the Council. 3 . THIS by-law comes into effect on the date of passing. I Read a first an• second ti. . this 26th day of September, 1995. Jr /4,,4 /_A 4 AO _ .• 7w. '- rator/Clerh-Treasurer Read a third • final ' e s 2• day of September, 1995. ;,..b, it . . . -,_/ a m..istrator/Clerla-Treasurer i • 4 • ft ( Ty 4-j•C Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell, Ontario NO) 1TO Resolution 6, 1995 MOVED BY: -.. ,.r/' ., AW1111 SECONDED BY: 7 BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to introduce By-Law 95-44, being a by-law to amend By-Law 95-19, being a by-law to provide for the management, control, regulation, maintenance and usage of all facilities, monuments and properties owned or leased by the Village of Port Burwell for Historical Preservation purposes; and a By-law to authorize the carrying on of-a Community programme o Historical Preservation within meaning and regulations of the Ministry of Culture, To rn and Recreation. UNANIMOUSLY: • F • The Corporation of the Village of Port Burwell PO Box 10 21 Pitt Street Port Burwell ON NOJ 1TO BY-LAW 95-44 Being a by-law to amend By-Law 95-19, being a by-law to provide for the management, control, regulation, maintenance and usage of all facilities, monuments and properties owned or leased by the Village of Port Burwell for Historical Preservation purposes; and a By-law to authorize the carrying on of a Community programme of Historical Preservation within meaning and regulations of the Ministry of Culture, Tou . and Recreation. WHEREAS Council deems it necessary to amend By-Law 95-19 AND WHEREAS the Council of the Village of Port Burwell amends the by-law to read as follows: • Introductory Paragraph Being a by-law to provide for the management, control, regulation, maintenance and usage of all facilities, monuments and properties owned or leased by the Village of Port Burwell for Historical Preservation purposes; and a By-law to authorize the carrying on of a Community programme of Historical eservation within meaning and regulations of the Ministry of Culture, T sm and Recreation. 2. There is hereby authorized and established for the municipality a community programme of Culture and Tourism which includes cultural, physical, multicultural and social activities within the meaning of the regulations set out under the Ministry of Culture, T and Recreation and the same shall he carried on for the well- being of the community and for the use, benefits and advantage of the inhabitants. 5. While conducting in the Municipality the community programme of museum activities within the meaning of die regulations of the Ministry Culture, Tourism and Recreation and without limiting the generality of the foregoing, the Committee shall: r 5 o) Act as a lobby group when necessary to promote various new programmes that it feels are an improvement and important to the community's cultural opportunities. 1 • 5 q) Solicit and/or receive gifts or bequests of money or any donations to be applied in furtherance of the community programme of cultural hereby established. • 8.6 In consultation with the Director, recommend the suspension of a Committee member for excessive absenteeism. The Chairman with the majority support of the Committee shall advise Council re: absent members, and where necessary, recommend to Council that appointments to the Committee be terminated due to members' attendance record. 13. It shall be an offence for any person or persons to do any of the acts hereinafter specified in this section within Museum, Lighthouse and properties without receiving prior written permission from the Culture and Recreation Director. The Culture and Recreation Director,Chairman or his designate, Committee is hereby authorized by Council to accept applications for and Authority Conduct issue any permits or written permission from the Council. THIS by-law comes into effect on the date of passing. Read a first and second time this 6th day of July, 1995. Reeve Administrator/Clerk-Treasurer Read a third and final time this 6th day of July, 1995. Reeve Administrator/Clerk-Treasurer 2 (//' I • Village of Port Burwell PO Box 1O Port Burwell ON NOJ 1TO BY-LAW 95-19 Being a by-law to provide for the management, control, regulation, maintenance and usage of all facilities, monuments and properties owned or leased by the Village of Port Burwell for Historical Preservation purposes; and a By-law to authorize the carrying on of a Community programme of Historical Preservation within meaning and regulations of the Ministry of Recreation, Culture and Tris. cutitte , I34►1)Srn I' V ► t CR7~l1Tr��! WHEREAS the carrying on of an organized programme of Museum activities and the provision of services to provide for the preservation of local heritage and articles of significant historical value is conducive to the well-being of a community and to the advantage of its inhabitants, both collectively and individually, and; WHEREAS the Council of the Corporation of the Village of Port Burwell is authorized to carry on such a programme and to place the same in charge of a Museum Committee, and; WHEREAS the Council is empowered to manage, control, regulate and maintain the use of all facilities, artifacts and properties, and; WHEREAS it is deemed desirable the facilities, museum and properties be maintained and controlled for the enjoyment and benefit of the citizens of the Village; NOW THEREFORE the Council of the Corporation of the Village of Port Burwell enacts as follows: 1. In this By-law: a) "Council" means the elected Council of the Corporation of the Village of Port Burwell b) "Village" means the Corporation of the Village of Port Burwell c) "Chairman" means the Chairman of the Museum Committee as appointed by the Committee. d) "Vice Chairman" means the Vice Chairman of the Museum Committee as appointed by the Committee. e) "Department" means the Parks, Recreation, Culture &Tourism Department of the Village of Port Burwell . 1) "Director" means Director of the Parks, Recreation, Culture & Tourism Department or the delegate thereof. g) "Properties"means any and all buildings, structures, equipment, trees, shrubs, horticultural display, benches, walkways, tennis courts, arenas, rinks, docks, launching ramps, pools, waste disposal containers, playground apparatus, shelters, washrooms, fencing, lighting, parking areas or other such properties that may be placed or erected on Village of Port Burwell parklands; h) "Posted Area" means any area that is posted by sign, notice or other device for a specific area purpose or to restrict certain activities in or on Village parklands under the authority of this by-law. 1) "Parking Area" means an area that is physically laid out and/or improved for the purpose of Area parking vehicles or that is designated by an official sign for such purpose in or on a Village parkland. j) "Museum" k) "Lighthouse" 2. There is hereby authorized and established for the municipality a community programme of Culture and Tourism which includes cultural, physical, multicultural and social activities within the meaning of the regulations set out under the Minist ec. atjon Culture and Tourism and the same shall be carried on for the well-being of the community and for the use, benefits and advantage of the inhabitants. 3. The community programme of Historical & Cultural Preservation shall be conducted by a Parks, Recreation, Culture & Tourism Director who shall be advised and directed by the Museum Committee, hereby referred to as"the Committee". The said Committee shall assist the Director in formulating direction and policies for and relating to the administration of the Museum, Lighthouse and artifacts. The Committee shall also oversee the Director's fulfilment of his job responsibilities. a) The Committee shall be composed of a number of persons not to exceed 15. The Committee shall he residents of the municipality and representative ok those centres of activity in the community whose thought and assistance wilt give heed to the benefits to be obtained by the Committee. One (1) member of the Committee shall be an elected member of the Council. b) The Reeve shall be ex-officio as a member of the Committee. 4. The Committee shall he appointed by, and the terms of office of its members shall be established by the Council. The members of the Committee who are not members of a Municipal Council shall hold office for three (3) years, and may be reappointed at the end of a three year appointment, provided that on the first appointment the Council, from among such members shall designate members who shall hold office; a) until die let day of June of the year following the date of appointment; I)) until the 1st day of June or the second year following the date of appointment; c) until the 1st clay of June of the third year following the date of appointment respectively, and the members of the Committee who are members of Council shall be appointed for three (3) year terms. 5. While conducting in the Municipality the community programme of museum activities within the meaning of die regulations of the Ministry Recreation, Culture and Tourism and without limiting the generality of the foregoing, the Committees . a) Elect a chairman and vice chairman annually from among its members, and other suck officers as may be required. b) Enact the by-laws as passed by Council for its own government and make rules and regulations for the proper conduct of its programmes. All regulations of the Committee shall be subject to the approval of Municipal Council. c) Hold regular monthly meetings at designated locations accessible and open to the public. d) At any meetings of the Committee, have a quorum which shall consist of a minimum of five members. e) Have an agenda and material for review sent to each member three (3) days prior to monthly meetings and also a departmental financial statement when available for the Committee's perusal. 3 f) Nass formal sets of minutes and resolutions that shall he brought before Council to become officially approved. Copies of these minutes shall be available to the public. g) Submit to Council, through the Director or the delegate thereof, an annual report of its activities and such other reports as may he required from time to time. h) Recommend to Council for any hiring or discharge of a Director whose duties shall he established by the Council in consultation with the Committee. i) Through the Committee Chairman, advise the Director on personnel who are not fulfilling joh responsibilities. In assistance with the Director, develop a yearly budget and maintain control. of it through the review of financial statements at monthly meetings. The budget shall he brought before Council by the I}ii=ector for discussion and approval. lr) Be authorized to work jointly with other municipal services in establishing, operating, and maintaining a supervised public museum system of facilities and activities. 1) When a.lvisahle, appoint area museum committees and the Committee shall provide such services as it deems necessary to assist these area committees in carrying on their activities. m) Appoint as it decrps necessary, such adhoc committees to act in an advisory capacity to the Committee. n) Be expected to maintain an efficient relationship with the Director to promote maximum recreation, culture and tourism opportunities while establishing good business practices and sound financial management. o) Act as a lr,lihy group when necessary to promote various new programmes that it feels are an improvement and important to the community's opportunities. w. p) Encourage comments, attitudes, and concerns from the general populace to be brought up for discussion within Committee meeting formats. 4 q) Solicit and/or receive gifts or bequests of money or any donations to be applied in furtherance of the community programme of 4esea#iusl hereby established. kLT wrtg r) Prescribe fees for participation in, or admittance to, any part of the museum programme. s) Incur expenditures to the extent provided in the annual approved budget or as approved by Council in accordance to purchasing policies of the Village. t) Undertake all such other lawful things as are incidental or conducive to the achievement of its objectives. 6. No debt or obligation shall be incurred by the said Committee unless duly authorized by resolution of the Council. 7. In carrying out the provisions of this By-law, the Committee shall at all times be the agent for the Village of Port Burwell and while acting bona fide within the limits of the authority of this By-law, neither the Committee nor any member thereof shall incur any liability by reason of anything done or left undone by the Committee; provided however, that nothing in this paragraph contained shall authorize or empower the Committee to incur any debt, liability or obligation for which the Village of Port Burwell shall become liable without having previously obtained the consent of the Council of the Village of Port Burwell. 8. It shall be the duty and responsibility of the Chairman or, in his absence, Vice Chairman, to: 8.1 Advise the Director in regards to controls, regulations, maintenance, development, and usage of all facilities, artifacts, and properties; and the employment and performance of departmental personnel. 8.2 As required, recommend to the Director any revisions, additions, or amendments to the by-law for improvement to the management, control, regulations, maintenance and usage of facilities, parklands and properties. 8.3 Be responsible for the duties as stated in this by-law for the following parklands; Museum, Lighthouse, and additional facilities and articles of historical significance as designated by Council shall be contained in Schedule "B" attached hereto. 8.4 Assign sub-committee responsibilities on a yearly basis. 8.5 Liaison with the Horticultural Society,the Pallas and Recreation Committee 5 � y and the Business &Tourist Association. 8.6 In consultation with the Director, recommend the suspension of a Committee member for excessive absenteeism. The Chairman with the majority support of the Committee shall advise Council re: absent members, and where necessary, recommend to Council that, appein rents to the Committee be terminated due to members' at#dance. i G Y„...4 9. The amount ofay ment for Committee members shall be established byCouncil and based PY on monthly meetings and/or subcommittee meetings. Members absent from all Committee activities for a period of five consecutive months shall forfeit all payments for said period. Members absent from more than three meetings during the yearly term shall forfeit payments for all additional missed meetings. 10. The Committee Vice Chairman shall take on all Chairman responsibilities in the absence of the Chairman. • 11. In the absence of the Director within the context of this bylaw the Administrator/Clerk- Treasurer or a delegate thereof shall assume the responsibilities. 12. It shall be an offence for any person or persons to do any of the acts hereinafter specified within the limits of Village museum and properties: a) To damage, destroy, injure, deface, tear up, damage to burn, dig, or mark any portion of museum lands and properties or any properties erected, installed or contained on properties. b) To dump, deposit or leave any refuse, garbage, garbage waste, paper, soil, sod, plants or any other debris type of domestic or industrial waste on or in the Museum or properties contained therein except in receptacles that may be provided for such purpose. c) To kill, maim or in any way molest or disturb any animal, bird or water fowl that is enclosed or to Animals whose habitat is on Museum land or Village properties. d) To lead, carry or otherwise tape any animal upon or into the Museum, Lighthouse or properties other than designated areas. e) To conduct or participate in activities in areas that are designed specifically as historical, horticultural and landscaped sites, passive and sitting areas and facilities for young children. To enter a "posted area" that is designated "no admittance" or "no trespassing". g) To contravene any posted rules and regulations relating to the operation of the Museum, Lighthouse or other Municipal properties. h) To conduct oneself in a manner that is detrimental to the safety and enjoyment of others using facilities, Museum, Lighthouse and properties. 13. It shall be an offence for axj+person or persons to do any of the acts hereinafter specified in this section-within Museum, Lighthouse pro iIa. ces hout receiving prior written permission from the�(ecreation D la ie rest . Director, Chairman or his designate, Committee is lurrcby authorized .y ounci to accept applications for and Authority Conduct issue any permits or written permission from the Council. a) To remove from parklands or properties any wood, turf, grass and other vegetation, soil, rocks, sand, gravel, dew worms or any form of equipment. b) To lead or bring animals of any nature into a Village facility or property, except as provided in 13(e) of this by-law. c) To conduct public meetings, gatherings, speeches, lectures, carnivals, festivals, large picnics, organized cultural events or other Animals on Properties such events which involve a large number of people. d) To operate or use any apparatus, mechanism device for the amplification of the human voice, music or other sound. e) To cause or create any unnecessary noise or disturbance that contravenes any Noise By-laws of the Village of Port Burwell in Village parkland or properties any time between the hours of 11:00 p.m. and 8:00 a.m. f) To turn on or tamper with any lighting control boxes for facilities• or any equipment relative to parkland properties unless otherwise authorized. g) To distribute any handbills to post, place or erect any bills, notices, advertising device or matter of any kind or parklands or properties. h) To sell, offer or expose for sale for immediate or future delivery any; i) food, drink or refreshment; � I ii) goods, ware or merchandise; iii) art, skill, service or work. To build or use a fire for any purpose without Fires receiving prior written permission from the Fire Department, the Director or the Administrator/Clerk-Treasurer. It shall also be an offence if any person or persons do not completely extinguish said fire when not in attendance. j) To carry or discharge any firearms, fire crackers, rockets, arrow, air guns, k) i) To drive or operate: 1. Any vehicle, motorized vehicle or Vehicular motorized snow vehicle on any Village Museum lands or properties unless the said vehicle, motorized vehicle or motorized snow vehicle is licensed for use on public highways in Ontario or unless the vehicle, motorized vehicle or motorized snow vehicle is operated in an area specifically designated for use by that type of vehicle, motorized vehicle or motorized snow vehicle. 2. Any vehicle, motorized vehicle or motorized snow vehicle on public parkland roadways and parking areas operating in excess of 25 kilometres per hour or so as to interfere with or endanger any person in said parklands. 3. Any vehicle, motorized vehicle or motorized snow vehicle within a Village park or in or on any Village parkland or properties except upon roadways, parking areas and other areas intended for public use. ii To drive or operate vehicles such as snowmobiles, mini bikes or any other Recreational. Vehicles motorized recreational vehicles upon any parklands with the exception of areas that are posted and designated for such purposes. iii) To park or leave standing: 1. Any vehicle, motorized vehicle or Parking motorized snow vehicle on parkland property other than on areas posted or designated for parking; 8 2. Any vehicle, motorized vehicle or motorized snow vehicle in front of a public building, emergency exits, walkway entrances or in any way that will obstruct the normal flow of traffic on a public park roadway or parking lot. 3. Any vehicle, motorized vehicle or Parking motorized snow vehicle for more than the Limit time specified on an official sign and in any event not for a longer period than three (3) hours between the hours of 12:01 o'clock a.m. and 8:00 o'clock a.m. of the same day. 4. Any vehicle, motorized vehicle or motorized snow vehicle discovered in contravention of this subsection shall be towed away and stored at the owner's expense. 14. The Council and organizations operating under its auspice's may apply for and may be granted an annual permit which shall be deemed to cover all of its activities and programmes that may be undertaken in and on parklands and properties and shall be deemed to be written permission under this by-law for its activities where required by the by-law. 15. Every person who contravenes any of the provisions Penalty of this by-law is guilty of an offence and is liable, on summary conviction, to a penalty not exceeding One Thousand Dollars ($1,000.00) exclusive of costs for each such offence. 16. All by-laws, parts of by-laws or amendments passed by the Council of the Village of Port Burwell which are inconsistent with the provisions of this by-law are hereby repealed. This bylaw comes into force and effect on the date it receives final approval. Read a first and second time this 23th day of May, 1995. ,11114. Reeve Admini. ator/Clerk-Treasurer Read a third and fin. line this 23th clay of May, 1995. f { � R e A. isstrator/Cleriz-Treasurer 10 The Corporation of the Village of Port Burwell Post Office Box 10 21 Pitt Street Port Burwell, Ontario NOJ 1T0 By-Law 96-38 Being a Bylaw to renumber certain By-laws in order to avoid numerical duplication Whereas Section 102 of the Municipal Act RSO 1990 c. M.45 provides that a council may pass by-laws governing the operations of the municipality and Whereas the numerical sequence of certain by-laws have used the same numbers. The Council of the Village of Port Burwell hereby deems it necessary to change the numbering of the following by-laws as follows; 1. BY-LAW 95-44, being a by-law to amend By-Law 95-19, being a by- law to provide for the management, control, regulation, maintenance and usage of all facilities, monuments and properties owned or leased by the Village of Port Burwell for Historical Preservation purposes; and a By-law to authorize the carrying on of a Community programme of Historical Preservation within meaning and regulations of the Ministry of Citizenship, Culture and Recreation shall be changed to BY-LAW 95-45. By-law 95-44 being a by-law to establish a Municipal Events Committee reporting to the Council of the Village of Port Burwell Alai' remain. 1 This by-law read a first and second time this 13th day of August, 1996. 160 ..ef -,,,,./z7 Az 0 c--: Tom eslyitt, ks. re 1..........7 David R. res, in,.... -Treasurer This by-law read a third time and finally passed this 13th day of August, 1996. ' 4111 I I I 1411 414, 'Illiitt.:S Nolivvo IA . Tom Nes itt,` eve • Davi . Free, Administrator/Clerk-Treasurer i 2 The Corporation of the Village of Port Burwell Post Office Box 10 21 Pitt Street Port Burwell, Ontario NO) ITO By-Law 96-38 Being a Bylaw to renumber certain By-laws in order to avoid numerical duplication Whereas Section 102 of the Municipal Act RSO 1990. c, M.45 provides that a council may pass by-laws governing the operations of the municipality and Whereas the numerical sequence of certain by-laws have used the same numbers. The Council of the Village of Port Burwell hereby deems it necessary to change the numbering of the following by-laws as follows; 1. BY-LAW 95-44, being a by-law to amend By-Law 95-19, being a by- law to provide for the management, control, regulation, maintenance and usage of all facilities, monuments and properties owned or leased by the Village of Port Burwell for Historical Preservation purposes; and a By-law to authorize the carrying on of a Community programme of Historical Preservation within meaning and regulations of the Ministry of Citizenship, Culture and Recreation shall be changed to BY-LAW 95-45. By-law 95-44 being a by-law to establish a Municipal Events Committee reporting to the Council of the Village of Port Burwell shall remain. 1 F This by-law read a first and second time this 13th day of August, 1996. ,Ali N. 1 ► . 1 .• - - zE 0 Tom esbitt, '•,• e David R. ree, ministrator/Clerk-Treasurer This by-law read a third time and finally passed this 13th day of August, 1996. 0 ‘),,. \i "�lilli_ - /L c c ,"0 Tam Nest es itt, eve Davi. '. Free, Administrator/Clerk-Treasurer 2 • • The Corporation of the Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell, Ontario By-Law 9546 Being a By-Law to authorize the Reeve and the Administrator/Clerk-Treasurer to enter into an a Agreement with the Department of Fisheries and Oceans for Maintenance Dredging. WHEREAS the Municipal Act RSO 1990 c. M.45 Section 102 provides that every council may pass such by-laws and make such regulations for the health, safety, morality and welfare of the inhabitants of the municipality in matters not specifically provided for by this Act and for governing the conduct of its members as may be deemed expedient and are not contrary to law. AND WHEREAS the Council of the Corporation of the Village of Port Burwell deems it necessary to enter into an Agreement with the Department of Fisheries and Oceans for Maintenance Dredging. The Council of the Village of Port Burwell hereby directs the Reeve and Administrator/Clerk- Treasurer to enter into an agreement described as Schedule "A" forming a Short Form Contract as presented by the Department of Fisheries and Oceans. Read . !.nd se end t' e is 12th day of September, 1995. Agirr eeve / nisw i n rstrator/Clerk-Treasurer Read a third ime and final T p. sed this 12th day of September, 1995. AMP. ye VC Admi strator/Clerk-Treasurer I Port Burwell By ri Laws By-Laws # 95 1- 47 95 - 64 1995 The Corporation of the Village of Port Burwell PO Box 10 21 Pitt Street Port Burwell ON NOJ 1T0 BY-LAW 95-47 Being a by-law to amend Bylaw 95-30 being a bylaw to regulate Harbours and Wharves and the collection of reasonable harbour clues within Village of Port • Burwell. WHEREAS section 207 paragraphs 31 through to 38 of the Municipal Act, R.S.0 1990, c. M.45 as amended gives Council the powers to pass bylaws to regulate Harbours and Wharves and the collection of reasonable harbour dues within the Municipality, AND WHEREAS Council passed bylaw 95-30 being a bylaw to regulate Harbours and Wharves and the collection of reasonable harbour dues within the municipality; AND WHEREAS Council deems it desirous to amend Schedule"A" of bylaw 95-30; NOW THEREFORE,the Council of the Corporation of the Village of Port Burwell hereby deletes paragraph 4 in its entirety of Schedule"A" of bylaw 95-30. Read a first a ,econd e this 2. day of September, 1995. `r .✓�r l�.IFas..r!/I�' m" istrator/Clerk-Treasurer rA . Read a ' e • final • e t : 26t• day of September, 1995. r . "3 lei/ Ree* • Adm' istrator/'Clerk-Treasurer The Corporation of the Village of Port Burwell PO Box 10 21 Pitt Street Port Burwell ON NO] ITO BY-LAW 95-48 Being a by-law to amend Bylaw 94-30 being a bylaw to set the rate of remuneration for the Port Burwell Volunteer Fire Department Whereas Section 207(45)1of the Municipal Act RSC? 1990 c. M.45 as amended provides that a council may pass by-laws fixing the remuneration to be paid to officers and employees of the municipal corporation and; Whereas Bylaw 90-05 being a By-law to Establish a Fire Department provides for the remuneration f L to be set by council within Section 5 of the said bylaw, and Whereas Bylaw 94-30 being a By-law to being a bylaw to set the rate of remuneration for the Port Burwell Volunteer Fire Department has been passed. NOW THEREFORE, the Council of the Corporation of the Village of Port Burwell hereby adds paragraph 4 in its entirety to bylaw 94-30 as follows; 4. All fire fighters who attend not less than a 5 day training sessions on behalf of the municipality, with the approval of the Fire Chief within the context of an approved department budget, or specific enabling resolution by the Council of the Village of Port Burwell shall he entitled to a fixed sum in the amount of$250.00 per week of attendance paid in accordance to the financial practices and procedures of the municipality. Read a firs a sec /me 2'. h day of September, 1995. ,1--airicit A 114 41.2,1 IMP" eve Admi trator/Clerk-Treasurer Read a t. sand f` time his '6th day of September, 1995. aprza e AAS A • 4Wce , istrator/Clerk-Treasurer PORT 90 THE CORPORATION OF THE � VILLAGE OF PORT BURWELL ± P. O. Box 10, Port Burwell, Ontario NOJ ITO 41= telephone (519) 874.4343 • fax (519)874-4948 1016, 4 ���% /ftia kirl �iCi '°ORTUS RERIGlV Memo Date: September 21, 1995 To: Council From: D. Free Re: Bylaw 95-48 Being a by-law to amend Bylaw 94-30 being a bylaw to set the rate of remuneration for the Port Burwell Volunteer Fire Department It has come to my attention that an informal policy existed with respect to paying fire fighters while tatting the week long courses at the Fire College in Gravenhurst, Ontario. We currently have a request from the Fire Chief to pay an amount of $250.00 to Dan Kennedy and Bill Millard. I currently have no authority to pay these amounts. It seems that while formulating bylaw 94-30 and providing the bylaw for input by the Fire Chief, this information was not provided. Assuming that this practice of paying fire fighters is correct I have prepared an enabling amending bylaw 95-48 for Councils consideration. If the bylaw or the practice is not correct or permissible in the opinion of Council then the introducing resolution can be defeated accordingly. Please review the attached resolution and bylaw at your earliest convenience providing final policy direction in this matter. l %. `ir ee Enols. Tom Nesbitt • Reeve David R. Free,CET, AMCT(A) • Administrator/Clerk-Treasurer Councillors • D. Mason,J. Hevenor,G. Loucks.C.Allin r r- PI 572 ptl /7/ rci -s- , PAP zo/vA: 7' '.."At- co 6,/4,7,9A le iic/o,C4 £ fly cAuxvievoimitsor n ep/c ee,iei 7 Ta 94rV 90)-- ,4;1'N 1avividc47( .70 ,8 [cc /71/1c#P-41, a co --- 40-"/ Apriovapi - •.couT Fra----7eAtk,1 uc MITRE L1 r*" POSTED 44,) atom NUMMI Nfr 1/40.1.71.- • I I • I C E 44 1 V F. • The Corporation of•the Village of Port Burwell PO Box 10 21 Pitt Street Port Burwell ON NOJ 1TO BY-LAW 95-49 Being a bylaw to amend Bylaw 95-36 being a by-law to appoint a Chief Building Official and a Plumbing Inspector. WHEREAS Chapter B. 13, s. 3, p. 2, R.S.O. 1990, as amended of the Ontario Building Code requires that the Council of each Municipality shall appoint a Chief Building Official, and; WHEREAS Chapter B. 13, s. 3, p. 2, R.S.O. 1990, as amended of the Ontario Building Code also allows the Council to appoint other inspectors for the enforcement of the Building Code, such as Section 7, Plumbing, and; WHEREAS the Council of the Village of Port Burwell has enacted bylaw 95-36 being a bylaw to appoint Ed Roloson as the Chief Building Official and Plumbing Inspector for the municipality. NOW THEREFORE the Council of the Village of Port Burwell amends bylaw 95-36 to include the paragraphs as follows; 1. Council may appoint as it deems necessary and expedient by resolution, a Temporary Chief Building Official and Plumbing Inspector in consideration of illness, training, vacation or prolonged absence from his or her clay to day duties of the Chief Budding Official and Plumbing Inspector as appointed. 2. Payment,monetary or otherwise for the services of a Temporary Chief Building Official and Plumbing Inspector shall be at a rate confirmed by Council resolution and letter from the individual or corporation for whi& the appointment has been made prior to the engagement of services. • 1 - 3. The Temporary Chief Building Official and Plumbing Inspector shall fulfil the duties in accordance to the municipal bylaws and provincial legislation holding safe and harmless from liability for his or her actions. 4. Shall report to the Administrator/Clerk-Treasurer or a specific delegate thereof confirmed by resolution during his or her activities within the Village of Port Burwell. THIS by-law comes into effect on the date of passing. Read a first d second t. e this 26th i ay of September, 1995. Vii. / J . eeve Admi rator/Clerk-Treasurer Read a third and final time t''s 26th day of September, 1995. ' 7 P' R, /.�!A rte. Admin ator/Clerk-Treasurer 2 csf PORT 86,, THE CORPORATION OF THE w M .► �� VILLAGE OF PORT BURWELL P. 0. Box 10, Port Burwell,Ontario NOJ I T4 telephone(519)874-4343 • fax (519) 874-4948 PORTUS REFUG'" Memo Date: September 21, 1995 To: Council From: D. Free Re: Temporary Building and Plumbing Inspection Services Council: It has come to my attention that Ed Roloson is planning vacation for October 9, 1995 to October 22, 1995. Our current bylaw does not have provision for coverage considering absence resulting from a number of possibilities ( illness, training, vacation or prolonged absence from his or hers day to day duties). The attached bylaw permits for the situation and to provide authority to an individual to provide Temporary services in the event of absence. We have also confirmed with Bayham Township to provide temporary services considering the degree of activity we are currently experiencing. Insofar as bylaw enforcement is concerned it is recommended that the municipality delay responding to bylaw enforcement issues until the Bylaw Enforcement Officer returns from his absence. Most immediate known situations can be delayed, however if this is of concern of Council similar temporary alternatives can be developed. I would request that council consider the attached amending bylaw 95-49 and Resolution 950926- 11 with respect to the Temporary appointment of Mr. Dwayne Daniel. I await for Councils direction with respect to the preceding and the attached. D. Free Ends. Tom Nesbit[ • Reeve David R. Free,CET, AMCT(A) • Administrator/Clerk-Treasurer Councillors • D. Mason,J. Hevenor, G. Loucks.C.Min • The Corporation of the Village of Port Burwell PO Box 10 21 Pitt Street Port Burwell ON NOJ 1T0 By-Law 95-50 Being a by-law Rename certain roads and Streets within the Village of Port Burwell. WHEREAS the Municipal Act, R.S.O 1990, c. M.45, s.102 provides that every council may pass such by-laws and make such regulations for the health, safety, morality and welfare of the inhabitants of the municipality in matters not specifically provided for by this Act and for governing the conduct of its members as may be deemed expedient and are not contrary to law, and; WHEREAS section 262 (1) further provides that unless otherwise expressly provided, the soil and freehold of every highway is vested in the corporation or corporations of the municipality or municipalities, the council or councils of which for the time being have Jurisdiction over it under this or any other Act. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE VILLAGE OF PORT BURWELL ENACTS AS FOLLOWS: 1. That certain roads and street be renamed in accordance to Schedule "A" attached hereto of this bylaw. 2. That the Clerk is hereby authorized and directed to register this bylaw in the Elgin County Registry Office. 3. The Clerk is hereby required to renumber lots and houses in accordance with the municipal addressing system in order to comply with the requirements of the Municipal 911 service. • • 1 • • • • • • This By-law shall come into full force and effect upon the final passing thereof. Read a first and second time this 14th day of November, 1995 A mi stratorl rle- Treasurer ►/rl/� /f. f aid/ r e Read a third time and finally passed on this 14th day of November, 1995 A m strator/Clerk-Tre. :' rer 4174 Re. i 2 Schedule "A" Bylaw 95-50 Village of Port Burwell Between Between New Street Name Wellington Street Fay Street Chatham Street Libbye Avenue Bridge Street Chatham Street Bridge Street Cowper Street Union Street Waterloo Street Eneus Street Robinson Street Erieus Street Erieus Street Victoria Street Robinson Street Right of Way Wellington Street Mc Cord Lane Waterloo Street Addison Steet Chatham Street Burwell Street Prepared by ❑.R Free 111&95 212 PM 6. y 'RED PLAN NA 30 - • .. ! t Ak $ _� /7y f Mer.'+�wM R re - r T 7 t Mlerb*UM IMT ar I. � - L - -��. 11 i ....- r �lIP� x £ i �+,_ Br+M WNW.N+ PLANR- ! 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Orr r rly.I` -ram r ey M r.as.,.,n •-r .> , I i 1 i •a 51i sG' " ' 1 -KR.....hot,..,.r A w.c.10.1(.9 ... i.ber .00114L-'llar .."''',1, I a � ''P'+u� `I LOTS 2 AFC 3, PARTS OF LOTS 4 ANO S,E4ST OF AORIN5ON.LOTS SRW 4,PAFr5 DF LOTS 2 AND 3,WEST OF ERIEUS A� LOTS 3 ANO 4, PARTS OF LOTS 2 AND 5,EAST OF ERIEUS.LOTS I ANDS,PARTS OF LOTS 2,3 AW 6 WEST OF ST ACHAN LOT S ,PART OF LOT 6,EAST OF STRACHAN,PART OF UUAgERED BLOCK EAST OF STRACHAR APO SOUTH OF NAGERMAN CF COURSES PART OF IINMUMSERED BLOCK EAST OF ST RAGMAN INC SOOT II CF PITT,PARTS OF ROMNSON,OMENS,STRACHAN AIC HAGERMAN STREETS ' 1o1STAFIO[. LME I BEARING Od'TANEA LIRE TKARING oSTK$CE LN eEARNG NNREGISTERED PLAN No. 12 xt '"' n. ' '� ) 1 l'-',' I e'�"'-9r• •.per, • .r LOTS 5.6.1.6 AND C.PARTS OF LOTS I. 2.4,.7,11 APC 13.PART OF SLOPE OF BANK,PART or 6E OBOE STREET v e I ra- ++{TIN _'JCI! . 7.n i -- .. .+n_ xN�qpp. a-,F�sr.e��d'� ww •-� r�^ �, ,r,_. REGISTERED PLAN NO. 197 I-*-4 4 r 2V-- 11.c .-.. a.14ZI _ "R-1!- s '_7,,',_ Z PART OF LOT FS.CONI:ESSION I,MFCLUDINB PART OF PITT STREET,FORMERLY BATNAM TOWNSINP.NOW PILL ARE OF PORT B**MELL • .L % s .s® a *1gt_ .. s ..L. PART DF ORIGINAL DEO OF LAKE ONE I _ In •9.z -.yar aFK A.lr ST -T aII .. _; _ ' t . Win• . VILLAGE OF PORT GU ELL i aA- s a t r-w ar• . a. - •• " .' I , . I M,a.f. . « i a,f9» K.a a COUNTY OF ELGIN .:,. _ir_r rat n, e_ Sift.. w. ,.... , ai-it s �� s�R r- r - s.•I. I 1 r . PORT oc T PIE CORPORATION-OF THE aci • -,S2:1111,1110:4 VILLAGE OF PORT BURWELL P C. Box 10 Pori Burwell. Ontario NO, ITO /Witt( telephone 15[91 P74434) • fax (519) e74-4948 4$1;ftlighillik $Er; POR1US REfLIGIVA Fax Cover Page • Date: to; /2/ -- 4/- i To: 44,I VA4f-d" int/3 Organization: Fax Phone No: Person Sending: 7i,e1 Pages to Follow: 2 (714-1r4, 1 (including cover page) Message: tr.r11•1 'TT A_ L'Araio 1 0 .415,..el-E1,7 vat'4 Ae -401.1.7.• Tam Nesbitt • Reeve David R.Frac CO: AMCT(A) • AdminisirstoriCierk-Teessurer Couirtilkws • D.Nook J.Nessnar.G.Lauda.C.Mh • fPOA r dey, ` '"r�• THE CORPORATION Of THE i7 } � t,111111111h VILLAGE OF PORT BURWELL PO Box 10.Port Burwell.Ontario Ng 'TO telephone (519) 874-4343 • fax (519)874-4948 414.10 = home page http/lwww-kanservu ca burwe4l k!i 4 ATUS REFUG I August 30, 1996 Kim Hunted Surveying Ltd. 50 Fox Alley Tillsun}aurg ON N4Q 3P4 Dear Mr H usted Please find attached a copy of our Hy-Law 95-50 being a lry-law to rename certain roads within the village. I trust that you will find the attacked in order and if you slt n3ld have any further questions please feel free to call. Yours truly yt, I 'ree, CET, AMCT Ad, inist rator/C~lerk-Tmaim rer EncL. Deed R.Free.CET.AMCT • Ads enacrreeerraerir-Treseu er w.w.,.ew row .w. V .64P -i^A�'�r` document General .151 100A. �7- "� r wJiiiR 0) R.�r.eY is tre.r Tletre !1 I" °e °P119.1" 4� — ��7)�*e/ fbeae> F'rrgerey w..001.00 •ao*o•w ---3-676_575= RTIFICATE OF—Fi - -Arm- Screekde _t 'le),11 1p� rye Nrlwe d Dec.w.rwe 3 .� t� P L �! By-Law Pe 11 i 101..,.-_ Nt+gREQB' _ ...t nil 1 i(S 6.re.tonvn See attached Schedule "A" . '( Non Property Identifiers ApdtbOne1 See Se eeule �('ir)Thie I Fleee.cnobon (bp Scr»dur+w neencne. Dcc.,w N lien Ease.nent - A,brtt.Onse r Se. ,n 0 Caeimes nlanrsketen C euecrpe«r4. 'fl P rl.se E peer. sciv.d{S)TMs Document pornle,I.tstloe. - -—- I The renaming of Bridge STreet between Chatham and Bridge Street, Registered Plan 12 is henceforth renamed Cowper Street, Union Street between Waterloo and Erieus • Street, Registered Plan 12 is henceforth renamed Robinson Street Erieus Street between Erieus Street and Victoria Street, Registered Plan 12 is henceforth renamed Robinson Street, the "Right of way" between. Wellington Street and the Lake Front, Registered Plan 30 is henceforth renamed McCord Lane, Wellington Street between Fay Street and Chatham Street, Registered Plan 40 is henceforth renamed Libbye Avenue and Waterloo Street between Addison Street and Chatham Street, Registered Plan 40 is henceforth renamed Burwell Street. Con.nuset on Scnoduw r:ThinP Docun.er r ruses I wrbvn.ena nwnbe.(s) .171 .tulles)(SN oul Status°.tn:aa., tenneesl Waken el Den 04 Spnatu•. r M 0 THE CORPORATION OF THE VILLAGE OF PORT BURWELL Dav' R. Free j . • . • . ' • Administrator/C erk-Treaetarex I have the authority to bind the corporati r 1 (II)**ben - ` • eisins" 21 Pitt Street, Port Burwell - (Y,1 T.A MeW(Sr out Su+us or IMwresa, eiwne sl s-voure{e pat.t#S•tneturr r M d 9 . - ,ltyl AndinAla - - tAvwc+4e1 Addwee a rteM'ty (t{) Deponent Ieapd►.d by �', Fees arw TAN Village of Port Burwell ,ter,e!e / e 21 Pitt St. , Box *10 p•v+�I i ,50 00 Port Burwell ON NOJ lTO 'II , I " 1nIM 00 AK ,ac Schedule "A" . The renaming of Wellington Street between Fay Street and Chatham Street to Libbye Street. AA"' 4 0 The renaming of Bridge Street between Chatham Street and Bridge Street to Cowper Street. ,0L.4.v 'L The renaming of Union Street between Waterloo Street and Erieua Street to Robinson Street. ALA. ' /2 The renaming of Erieue Street betweenE ieus Street and Victoria Street to Robinson Street. Lwi / i2 The "right-of-way" off of Wellington Street between Wellington Street and the Lake Bank to McCord Lane. N $o The renaming of Waterloo Street between Addison Street and Chatham Street to Burwell Street. .INV yip 0 The Corporation of the Village of Port Burwell PO Box 10 21 Pitt Street Port Burwell ON NO) ITO By-Law 95-50 Being a by-law Rename certain roads and Streets within the Village of Port Burwell, WHEREAS the Municipal Act, R.S.O 1990, c. M,45, s.102 provides that every council may pass such by-laws and make such regulations for the health, safety, morality and welfare of the inhahitants of the municipality in matter not specifically provided for by this Act and for governing the conduct of its members as may he deemed expedient and are not contrary to law, and; WHEREAS section 262(1) further provides that unless otherwise expressly provided, the soil and. freehold of every highway is vested in the corporation or corporations of the municipality or municipalities, the council or councils of which for the time being have jurisdiction over it under this or any other Act. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE VILLAGE OF PORT BURWELL ENACTS AS FOLLOWS: 1. That certain roads and street 6e renamed in accordance to Schedule "A" attached hereto of this bylaw 2. That the Claris is hereby authorized and directed to register this bylaw in the Elgin County Registry Office, 3. The C lerb is hereby required to renumber lots and houses in accordance with the municipal addressing system in order to comply with the requirements of the Municipal 911 service. • • 1\ This By-law shall come into full force and effect upon the final passing thereof. Read a first and second time this 14th day of November, 1995 .745_,A rni �strakor/ rft- Treasurer //sf` IIl/i 1�, ":ai �' R- e Read a third time and finally passed on this 14th day of November, I995 A. i4 m sstrttor/'clerk-Tree rel If/ . ,.: Re ,.�it� -.--Tii 1, t5�kW R. FREE.C.E.T., /lM C r AdwirdirreldrICIeriaTreirourer cit the Allege 4f Part OI/ti1E.'Gaiety the larpttrytp le a eve aapy Dried ° ... def►d gr #9lea. ti r T i Schedule "A" Bylaw 95-50 Village of Port Burwell .,r Between Between New Street Name Wellington Street Ort, Fay Street Chatham Street Libbye Avenue Bridge Street I Z Chatham Street Bridge Street Cowper Street Union Street ■Z Waterloo Street Eneus Street Robinson Street Eneus Street /j Eneus Street Victoria Street Robinson Street Right of Way j„ Wellington Street Mc Cord Lane Waterloo Street *p Addison Sleet Chatham Street Burwell Street Rowel w0.R Five EURO ?!2 hM Private roads, etc., opening upon controlled-access road — 1. 97(1) 97. (I) A municipality may pass by-laws prohibiting or regulating the construction or use of any private road, entranceway, gate or other structure or facility as a means of access to a controlled-access road designated under section 95 and may impose penalties for contravention of any such by-law Notice — s. 97(2) (2) The municipality may give notice to the owner of any land requiring the owner to close up any private road, entranceway, gate or other structure or facility constructed or used as a means of access to a controlled-access road designated under section 95 in contravention of a by-law passed under subsection (1) Service of notice — a. 97(3) (3) Every notice given under subsection (2) shall be in writing and shall be served personally or by registered letter and in the case of service by registered letter shall be deemed to have been received on the second day following the mailing thereof Failure to comply with notice— s. 97(4) (4) Where the person to whom notice is given under subsection (2) fails to comply with the notice within thirty days after its receipt, the municipality may by resolution direct any officer, employee or agent of the municipality to enter upon the land of such person and do or cause to be done whatever is necessary to close up the pnvate road, entranceway, gate or other structure or facility as required by the notice. R.S.O. 1980, c 421, s 98(1-4) Offence— s. 97(5) (5) Every person who fails to comply with a notice given undersubsection (2) is guilty of an offence and on conviction is liable to a fine of not less than S50 and not more than $500 for a first offence and to a fine of not less than $200 and not more than S2,000 for any subsequent offence R.S.O 1980, c 421, s 98(5), 1989, c 72, s 94, part Compensation -- a. 97(4) (6) Where a notice given under subsection (2) has been complied with, the municipality shall make due compensation to the crofter of the land if the pnvate road, entranceway, gate or other structure or facility cotructed or used as a means of access to a controlled-access road designated umar section 95 was constructed or used, as the case may be, (a) before the day on which the by-law designating the road as a controlled-access rep Canada Law gook Ine 1116 • road became effective, or (b) n compliance with a by-law passeciunder subsection (1), in which case the making of compensation is subject to any provisions of such by-law Procedure -- I. 97(7) (7) Every claim for such compensation shall be determined in accordance with subsections 14(2) to (5), which subsections apply with necessary modificationsR S O 1980, c 421, s 9$(6, 7) p fie!Canwa.Law look Inc 1** )Appendix A Bylaw 95-50 Village of Port Burwell Between Between New Street Name Lon Street Fay Street Chatham Street Burwell Street Bridge Street Chatham Street Bridge Street Cowper Street Union Street Waterloo Street Eneus Street Robinson Street Eneus Street Eneus Street Victona Street Robinson Street Flight of Way Wellington Street Mc Cord Lane Waterloo Street Addison Sleet Chatham Street Mahlon Street br 0 R Fria 1 till 2ISIS 1' 22AM r 0 k 0* PM!,0, THE CORPORATION OF THE ? VILLAGE OF PORT BURWELL - P. O. Box 10, Port Burwell,Ontario NOJ ITO lige 3 telephone (519)874-4343 • fax (519)874-4946 4 PoR?us REfU619° Memo s• • To: Council From: D. Free Re: By-Law 95-50 - A by-law to re-name certain roads and streets Date: November 9, 1995 I have identified to Council various points with regards to the necessity of renaming certain roads within the Village of Port Burwell for the sake of 91 1. Although the local Fire Department may !morn how to access certain residents within the municipality, this does not preclude the fact that police or ambulance services may not have the same advantage. Discrete and unique road names must he developed in order to ensure access and safety for everyone in the municipality. This endeavour is part of the 911 effort that is currently underway at the County level. To this end, I have attached the proposed by-law to rename certain roads and streets within the municipality. There will he little to no effect and in fact there would he les■ confusion. There may he some costs with regards to renumbering the houses, of which under the municipal addressing system staff will develop a new numbering system and if necessary provide within the budget to purchase numbers for those residences, I request that Council review this information and provide their final and formal direction by virtue of the resolution and by-law. • ree Toru Nesbitt • Reeve David R Free. CET, AMCT(A) • Admin+strator/Cert"Treasurer Councillors • D Mason.J Hevenor. G Loucks.C Allen The Corporation of the Village of Port Burwell PO Box 10 21 Pitt Street Port Burwell ON NOJ ITO By-Law 95-51 Being a by-law to amend By-Law 93-16, being a by- law to constitute and appoint a Committee of Adjustment for the Corporation of the Village of Port Burwell. Whereas the Planning Act, RSO 1990, P. 13 section 44 provider as follows; If municipality has passed a by-law under section 34 ora pr.dcessor of such section, the council of the municipality may by by-lou constitute and appoint a commsttee of adjustment for the municipality composed of such persons, not fewer than three, as the council considers advisabk And Whereas it is deemed expedient to by the Council of the Village of Port Burwell to constitute and appoint a Committee of Adjustment. Nowa, therefore, the Council of the Corporation of the Village of Port 13urwell repeals and amends sections of Bylaw 43-16 as follows: Section 1 of Bylaw 93-16 is hereby repealed in its entirety and replaced as follows; 1.0 The Committee of Adjustment for the Corporation of the Village of Port Burwell is hereby constituted and the following persons are hereby appointed as its members for the term ending on the date shown for respective members, or until their successors are appointed by bylaw a) Allan Spicer to hold office until January 1, 1997 b) Ed Epple to bold c'ffioe until January 1, 1997 ci George Allen iv 601d office untd January 1, 1997" 1 Section 2.0 is added in it, entirety as follows; 2.0 11 a quorummcannot he established by the Committee ars appointed because of illness, Korb conflicts, conflict of interest or other valid reasons not listed, Council shall specifically appoint 6y resolution for the term iA one meeting, two or more members of Council as may he required to perform the duties of the Committee in accordance to provincial legislation. Read a first and second time this 10th day of October, 1995 r�.mi+ strator/Clerk- Treasurer . .„ e Read a third time and finally passed on this 10th clay of October, 1995 I strator/cle Treasurer k. 2 • j Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell, Ontario N0J 1TO • Resolution 951010 -12 October 10, 1995 1- Ike MOVED BY: •. _sis‘N.'reer . i SECON DE'D BY: �L 4 Whereas the Planning Act, RSO 1990, c. P.13, 0.44, as amended provides for the establishment of a Committee of Adjustment, and; Whereas Council enacted Bylaw 93-16 being a by-law to constitute anal appoint a Committee of Adjustment for the Corporation of the Village of Port Burwell, and; Whereas Council further amended bylaw 93-1h with bylaw 95-51, and; Whereas worlieing conflicts have arisen with respect to Committee Members George Allen and Allan Spicer. Now therefore me Council of the Village of Port Burwell hereby appoints Councillors .Tl M UeltiQIe_ and 'OM) I 6 M.,415Ve to the Committee of Adjustment for the October 17, 1995 meeting only to hear and render a decision with respect to Application A1/95. UNANIMOUSLY; / •� .� �•' imumil 1 • FAX FROM: HARBOUR LIGHTS TO: village of Port Burrell - Alt Donna Hartrixte _ TIME: DATE 06/02 95 PAGES 1 . I i HARBOUR LIGHTS FAX 0sig 8744079 p n S THE COMMPT TE.E OF ADJUSTMENT WO1JU) TIKE TO ADDRESS COUNCIL - WNCER NO �'ER�CENTECENTOMB HEARING WHICH DIDACTION BY THE TNOT ACCEPT THE FARLOW'SW FAMILY AGAINST THE g U- MENT"S. OUR CONCERN 1111111 Imo' OF THE FENCE- DUES IT (X WORM TO Z.Oti1T40 NO SUELDINC3 C7ODEi7 Allan Veer ! per oserip Aim me NI IWO 4 <tl L v y ° , ' ` ` 0 ot 4j I it Als#*';/444 /*A')* ,L.C7b#4) / ejt7.4 1 l 4 Go II 9 $ — 4- 0 I 1141 4 Ilb 6 I' 4 f • ' m) Ministry, of Citizenship - Seniors Month (File #2035) Received and Filed. a 5. Delegations Allan Spicer& George Allan (File #598) George Allan expressed concern /La disdain as a private citizen with regards to the newly erected fence adjacent to the Breen property located at 34 Pitt Street. . Mn. Breen spoke of her concern with regard to right of access to her property considering her families special needs.. Reeve Nesbitt expressed his appologizes for the Breen's situation but stated that Council could not be involved in this matter. h. Committee Reports aJ Fire Department Fire Chief Tom Millard and Deputy Fire Chief Sam Taylor expressed concern with regard to the 1995 budget having inadequate operating funds to fix the 1975 fire truck. Other concerns were expressed 'Atli regards to other budget items and categories with respect to the 1995 operating and capital budget. Reeve Nesbitt requested clarification of the matter from the Ad ministrator/Clerlr•Treasurer however, was informed that he was not prepared to discuss the matter considering lack of information and significant Iiacrepancies in chro events leading up to the concerns of the Fire Chief and Deputy Fire Reeve Nesbitt expesiri that a new or used truck may he required considering that the 1975 truer may not be repairablelie also identified that the reguirements of the fire department may not attainable within the limited tax inotio sysilliiiir to the esunicpality otherwise a significant tax increase would lie respleal ILIA soumeil could not support. Reeve Nesbitt suggested that a budget review he required 4 9 - z /6-?7e- /47- C C e •,/ cc) ...e47--e ft /I/VA /to (AZ t. - 407(1 4 ',pole slat.", et /70 # -S A. i✓Ci S- .�-� 0 4 pe I ? <<.✓ PleePoi.iC L� /46-ki 44:r ,x4. QdP 1:1 /2( f e*, '%os -� ! IJII ipi!t'i1i!Ii Kt light! IE 'iof ur-' � �° fi g -*Ma Int! : 9 -*-- - 0 " 1 . - 10e- f - Pm 0 ' -1 - 1 -4-isi! - -.--- --41144 - ------- _ � i e � 4g a ts • E1 „ rs.u= y � y 80 With - . qt 1- JI! . 021! � Z -Sya 41 bX l �dy � -fie 3 �1itIilIliiziihihIllt4 'i 1 . ` 21 :::-.1 ' a. _ di ._, !Hik sl a is . itj� �' I n 3 ' t�j i e 21 � ra $ 1a a ' l04" Itilee Lliii °j sIy XV ! stai 111;711 3 1 IP- . rig JO 42 Ai ' 21° ii WI ril .. 1. 11 ly ,lt !II igl !li til TIP 3 - Ptig 3 1 1 - i- g si !,8 ; .3 _ 1 % 0 pS - zi,.. a 1 ._ 8 1 IA 5 u4 t.ii 1 - k iZal A461 i h il-111 11 0: e l: TA W ; W1401 1 0Ilpi;r st aWI 15 = gal ~ t a lig iplieIt s • 112' V 511111 � ‹ '-.- la it.11 02- 'gin s- 41 PI de i fi 1 V gil dal . ikASi � il9 1hi tI Q. i� W , -4011 1 if-2 i Z -- 1 01 9 i ids .40,074 $ *7111i1 A icy 5wg1. w� ga Ez-cstlzs tolik ;5 g . ite - 1!ih1iI z li 1 4 -26•?. 1 Zia j zla zoV 7- 3 -ii, -a" l' 8-. " t'lilj 'WI- -11 1 .;i Q spa o2gL i ^Y ' goA ki gra VII 1-0811.. Iiii Arizt r.1 cner Ii1 ' , 1IihUft4fl'iiil)!1I R ' SE - $ Sa aisil 11 zl ! : 1133118- 111 o 1 '5 fl ,�� �� as fi77: VilveD r—g.i4--- ! 1.111111.1.11 NO RRAL PROGRESS OM SCHOOL BUSING GES t PTA 1180014040THE iCHsRICO P�RTAIgLBS In an efurt w save the lap. AltDtvdope* Mario C3lriao fif9•nty School td prope>Ased A DYNAMIC GROUP mat with adi for as win oa Jas- eliminating bees orrice for Urea Sv- shary flat, the,. was ao • cr tai• ins within the villa Bad Hw oea ver Aller Iayta s hlnem n with• ail core of lowing the oompletbn of tine pra4eo del lion of Chatham St r residence dedlueted reamben the Port >iioi k finish the three portables as certain on ie4 Kathleen Stone p ted the- Business mild Towle' Asedd•tioa k the eraet beady tsps with a petition ring safety growing in *rave pmrakipa■ts TimTho main point of raontcrttba appear issues lot the twenty I children en wooded i wet), et lrebrwry to be the repulretr`eati for an 'surlier?. who en based daily ucr the bridge mewls There were pknry of id. repcxt oa s sewage putnp�i=g sysurnt 10 Pot Bunsen PS petition for improving the business climate and Ukav aoascrda that titer le rat points out several raises. I ludint cis si attracting tors discussedenough wont potential to w•rr•ut an- tante, the lack of sidesswl the lack of 'lime Ir i room for more re &I�mad safe houses or alternate r tea. At a sailers and individuals interested in ins recent meeting in Aylmer 1 conrtrnin proving the village Ai a to lire and n1e Impwe bet"ecn the Village and g � f i g pie the devcktper Som back over two the busing proposal St. told fa shop years During the proms of obtaining that their a)neetr i were rd favour- a temporary use perntir Mr. chirico ably. The board a Peon was HORTICULTURAL SOCIETY platad also interested in Skesels% otarsta11iba BR RATHIMO NEW LIPS beech pro rLtet portables on the cot that rstihtin the /t. aar+�ios prior to t banal dpiblt of 71..141...." us milli Om there I appears 1995 is going to be a the temporary use by law sed tins am, mt tot lin N dunk=of a site plan agreement Since g by r _ rat lex the kap ort society. al that thee the developer and the Vltbec the revers) driven gels; • Aylmer to denla should r* its efloru With ha" = usable to reach an rttrar. pick up high shoot etesdcn ,aca,rding more active members more and hatter to the petltbnera. Port fist 11 Ccsun" beeutlfkstktn ro ts con be under. mat os the site plan, particularly the cit p mectieg liar s sewer pump passed a resolution on I nary 31.in takes fuss if you keel acrlvernember- support of (nntleuing se 41 bus ser. shipis actMr. C"hlrto© printed out an ex petaalbls Support your lease! tension nn the temporary hue vice for children on the I side, di - Ion society by podiatrists s rsseasbtaMip, P" ry by-law ins the safety Issues taro There Is will he rc+quirad wt�n Admin Free strg- another meeting scheduled 4 ntcrehth. ISM IS OUR Y'IIII>R! rated that Municipal Afrin booms _ on the use of temporary use by-laws, In - Our volunteer groups, ow Council per-dealeraztenabm MINOR VARJ E and Admiistratiun arc continuinglaid. It appears the Collages may se'uirc Reap'=dla so a raquttesrt .t sv t stives this year which could weir marl a sonlag chee c which e=t2tl� lvr s Minor g toari re Con u p r- the turning point In the return of Port �bk delay,. Pinkie lb. and Rich Preen Reeve • to Bsrwe Tl d an [rr*portant commercial the issue is the rano �IeaLrre el- /rousedregret that I variance matte Port Olaagow got the mea Development which leaves tbe land the buck funding, we have local initiative open to inclusion In the Waterfront de granted by the Committee • Ad tst- ,ht meat had been appealed to the Q . HORTICULTURAL SOCIETYPree indicate that without a Site pian Nc*bitt Indicated suppo for the agreaemest. the temporary tris by law BrceM,but indicated the • mittee of can sot be applied and the portables Adjustment and the OMB a the se- WY Os BTA on Fab whisk were pieced on the project,prior ihorlthas le Minor Verlattese I twee-/1�1 soli.worm be held to IL adoption mould have to he re Noabltt hoped the appeal • the Veri- st Cidelp COPS SR 'P4tarwsn and aiO'ed uc shoe granted for a sewed 1 +r Mdi- It ds. sure wd se the last lion would be heard at an date odey of the mei& at 7 probIt auDpws alta corp Councillor Loucks wished t Brom li>I-1e war pleased to announce re tion `tf • propertc, w tick Aso positive lamtty Prete, noting that It great to Mei Wei t as. Improved atter+ write/alone for louden)here, is in no have new residents Loucks ,dad that Or Is karst. my a sure Sling- Mn Breen is the only teat to reside Is Ape.slim IPS Snowbirds return a In the village Mrs. , - teaches simbouldp Nis 10 M Bois and VILLAGE INSURANCI3 Grade IR at Port burro! • 1110 masa segeuWS la 000DNE fBAD NEWS O COAST GUARD AU ;MENT 111111 dw 16e USW aceto it, the 95 alta are up I!!M pot Se besKi MK Sill gli The gtsd aura is coverage is On January 2411 Cote wr corn- hinds leahead 111111 IBM si dter inuct tint wow, Ione,* to ppe�=te cd with a a• tion prtrCas ben w piiiise to -law beg Barber ma aed Sion duet of Uderneath'g with the Coast downtown noeme illspler. soislipillIks had 211 • el% Museum Guard and DOI' meagre opera 1995 10111Abetrahlpa In 33 Illielse re Far howww Elgie County tions in the harbour,a yla Isis arta Xi sold so fir Memberships span as 31% leendue name N tt Pram tion to the.r44ptiossl Iigh The Woe be purchased from Shirley Hasner, At gici ed. 'Ws arc rifles gaud valve' ni liabtliry lar WIWI g ea pe Wail the k ei of 200 paid memberships the The Vpiege of port mown blaiitca In ironed out with the village Pct ton brat �t ry is eligible for a 51.SO0 suse=as arvcnq will cost Sti,2SQ.15 Burwell Mil be ru for the grant btisad on locoi eurpendttures of chi year The deductible is 52.5(E. °peracios and malasesanoe is of the S3,021 lights WWelt the Cows 0 Ml! la Port Suomi Ir 105 yews it d iU'y*er, stall The sat W ass into the &Ka ne is Failure Turned Inside Chi full Marred in t KM &grommet k is iy-La* E i vin•dic-tive vin die tivfa (v ndk'tivj adiective 1. Disposed to seek revenge, revengeful 2. Marked by or resulting from a desire to hurt, spiteful (From Latin I/indrcts, vengeance, from vindex, vfndc-, surety avenger See vrrpic►rf — vin•dic'tivrly advert i —vin•dic'tive•ness noun Synonyms: vindictive, vengeful, revengeful These adjectrves mean desiring or proceeding from a desire for revenge Vindictive suggests gratuitous or unmotivated rancor and a disposition to retaliate for wrongs, real or imagined 'He seennsd to take a vindictive pleasure In punishing the least shortcomings"(Mark Twain) 'Like many men whose self-love is wounded he fell vindictive'(George Meredith) Vengeful and revengeful imply the impulse to inflict or the infliction of suffenng or punishment as retribution for evil or an injury The vengeful massacre of Toukx►"(Joseph Conrad) '1 had a keen, revengeful sense of the insult" (Nathaniel Hawthorne) The American Henfage®Dictionary of the English Language, Third Edition copynght C 1992 by Houghton Mifflin Company Electronic version licensed from InfoSoft International, Inc AN rights reserved . r • Establishment of committee of adjustment -- s. 44(1) 44. (I) If a municipality has passed a by-law undersection 34 or a predecessor of such section, the council of the municipality may by by-law constitute and appoint a committee of adjustment for the municipality composed of such persons, not fewer than three, as the council considers advisable Copy of by-law to Minister — s. 44(2) (2) Where a by-law is puttied under subsection (1), a certified copy of the by-law shall be sent to the Minister by registered mail by the clerk of the municipality within thirty days of the passing thereof "Term of office -- s. 44(3) ( t) The members of the committee who are not members of a municipal council shall hold office for the term of the council that appointed them and the members of the committee who are members of a municipal council shall be appointed annuall} Idem -- s. 44(4) (4) Members of the committee shall hold office until their successors are appointed, and are eligible for reappointment, and, where a member ceases to be a member before the expiration of his or her term, the council shall appoint another eligible person for the unexpired portion of the term Quorum s. 44(5) (5) Where a committee is composed of three members, two members constitute a quorum, and where a committee is composed of more than three members, three members constitute a quofum Vacancy not to impair powers — s. 44(6) (6) Subject to subsection (5), a vacancy in the membership or the absence or inability of a member to act does not impair the powers of the committee or of the remaining members Chair-- s. 4447)- (7) The members of the committee shall elect one of themselves as chair, and, when the chair is absent through illness or otherwise, the committee may appoint another member to act as acting chair Secretary-treasurer, employees -- s. 44(1) icI C.n.+l.L. Soo* Inc 1001 (8) The committee shall appoint a secretary-treasurer. who may be a member of the committee, and may engage such employees and consultants as is considered expedient, within the limits of the money appropriated for the purpose Remuneration -- s, 44(9) (9) The members of the committee shall be paid such compensation as the council may provide Filing of documents, etc. -- s. 44(10) (IO) The secretary-treasurer shall keep on file minutes and records of all applications and the decisions thereon and of all other official business of the committee, ancsection 74 of the Municipal Act applies with necessary modifications to such documents Rules of procedure-- s. 44(11) (1 I) In addition to complying with the requirements of this Act, the committee shy comply with such rules of procedure as are prescribed 1983, c 1, s 43 Powers of committee; general -- s. 4541) a lel Comma Low Sega he 1106 of POA r so 9k• THE CORPOMT)ON OF THE , , VILLAGE OF PORT BURWELL Isaiah 11111."—:::� r ' Ontario 'NCJ I TO ilfi telephone (519)874-4343 • fax (519) 874-4'48 iiiiiia::.=.aligh POR wUS R{WOW Memo Date: October 2, 1995 To: Council and Committee of Adjustments From: D. Free Re: Committee of Adjustment Bylaw 93-16 Council: It seems that there are questions of process being challenged in the instance of Application A1/95 (Breen application for Minor Variance) which have been raised by the Farlows (previously the appellants in an OMB hearing regarding application A4/94). Although the details in this particular instance are unusual, the issue and potential for revocation/complicating a sincere and valid application is an issur which must be addressed within the existing bylaw. Therefore with the input of the municipal solicitor and consultation with the .legislation and regulations, Bylaw 93-16 has been amended as presented. At the same time the - appointment of the existing committees has been extended. Further to this..matter we have "work commitments"with Mr. George Allan and Allan Spicer which renders the committee ',about a quorum. Therefore it is necessary to execute Section 2.0 of the - amending bylaw immediately with a proposed resolution as attached. )'lease review the attached at your earliest convenience providing your final direction in this matter. 4,- David David Free Lncls. Toni Nesbm • Reeve David R Free.CET. AMCT(A) • Administrator/Cleric-Treasurer Councdkxs • U. mason.j Hevenor.G Loucks.C Amin • • The Corporation of the Village of Port Burwell. P4 Box 10 21 Pitt Street Port Burwell ON NOJ 1TO By-law 95-52 Being a by-law to permit the rale of surplus property under the ownership of the Corporation of the Village of Port Burwell. WHEREAS, the Municipal Act, RSO 1990; s. 193 p.'2 requires that every Council with authority to sell or otherwise,dispose of real property shall by by-law estahliah procedures governing the sale cif real property; and Whereas the municipality has passed Bylaw 95-20 prescribing procedures governing the sale of real property, and; Wbereas the Council of the Village of Port Burwell deems it expedient to sell surplus property known as Part 3, of Register Plan 11R-5136 in the Village of Port Burwell, County of Elgin to Pembina Explorations Limited for the purpose of commercial/indurtrisl development. Now, therefore, the Council of the Corporation of the Village of Port Burwell hereby directs the Administrator/Clerk-Treasurer to commence sale proceeding. of Part 3 of Registered Plan 11R- 51 513 in the Village �d Port Burwell, County of Elgin forming Schedule "Erof this bylaw, with0 t public accepting the t fer of$160,000 in ac xduzce to the Letter of Oiler forming Schedule "A" of this bylaw from Pembina Exploration Limited subiect to final review by the municipal solicitors and consent by resolution of the Council. I Read a first and mond time this 10th day of October, 1995 A m istratnr/C rerl- Tre carer Read a third time and finally paired on this 10th Jay of Octo er, 1995 / 1 f stray • clerk- Ire urer .4/,,i ( /..?" 2 L . A. _ f LL .e. E mle at, ut ,jLC pEpouw •ffimmimism•••••••••&11=•••=0•0 Pembina WSJ Om Wee P..U. 9401 9a F'brt Lnilbonve, Oritinn LIS 3V7 Tvkphoric; 105i 814-4.190 iii r~iif,y 6]4-4)97 • October 10, 1999 wage of Port Burwell P d Box 10 Port Burwell Ontario N0J 1 TO ATTENTION: TOM NESBITT. REEVE Dear Sirs ariLEMINHAALKILLEidathiLLAKE ERIE DIVE BOAT OPERATIONS Thank you for meeting with Mr Lou Gaulet end myself on October 6th As lrldtCated duriiry uur discussion Pembina offers to purchase the lands described at parts rine two and Owe. Pian 11 ft_513e for $160,000, to be paid in three installments the first installment of $75,000 to be pard on closing date of November 16th, 1005. The second installment of$50 000 to be paid on June 1st, 1996 and the final installment of $35,000 to be pawl on June 1st 1997 This offer is conditlonbl on oonfirmabon that said lands NM free of encumbrances arld liens, requisitions to be submittod five days pix to doting Pembina obtained an independent appraisal of the lands and we Pokeye our offer reflects fair market value Pembina is anxious to conclude the purchase of the lands and begin construction of permanent feci$Bies to swrvrce our dive boat operations. Pembina's offer'dM1 remain in effect unto October 15tf1 We kbit forward to et i imply response to our offer to purchase Yours idLApz ly Manager, Ontario SOB:ep Fite - Port Buneell Dolt I Harbour Correspondence 10692 DISK IC - SARPBOH Faxed 1006-10.10, 519-874--4048, t lowed by wail -3 t. eIIM! •r't;i •°1 54-at-1 0 41 orout SCHEDULE IB• . BYLAW 95-52 VILLAGE or PORT BURVELL 1 Maw 4".....+.•., T _ f r rwar ob.be s ..w*i • ft.' # a•a RAN WO-"POP 4. ay.44 dadidOomm .. M. 11•1•011•1•0 .� 4— _ 1 q . in". OW fib AMMO" -1 --r ti i "".I • r Mria i ...•.. .r ,1 411”11.111 44 .cwt +.i�w a AP'omMi ♦y��u��f,�,, frnFsn r , , rtrX- mar wwww. .= `* .ml„ H11 i! y atmlL& AIM .01C TOO " b • M v Iij.r a II I y .r.`1111 . Y f N.\ !R- Mir I - " • . , /••1,, III I 40 C I6.4 " ` rI ' t fiVi 4 h ! 1 f .4 i I use.mar r Law ow 7111111111e I 4 PLAPLANOr SuRvEI I4 QUT I of ,� CONCESSION 1 To*PIOT OP I .. TIC ACC1[TCD 4.04.40f �. IN roma Cid LOT SS 1 ``y + D cONCESSIO 4 I gPCW vILLAGE or PONT laitTiEJ I % cgaayr v Ci6Wr alrilimr wa +KFC II/7 or►' LAIN 41040441*/ 1./0 r+rs.ras 1111 ' N. :r I2 rr r I� " s.�.e Ir.... ."7:M• \ " - "i.Mu —� F": k, VIM �. "�?.-,i. .�� • ,.P." ......•...� I - I. , x • . o I o + r A R r 3 .O'm-,—I IX r • { ,� _.. •••. I ••,,.. .r• • `W i t7.- ar.�7 44 -y- _�. '•• • ...',..= \ . yr ...-...r.•r r r..r.a t. ,r, L I .1-1 IMM'4 I •I I 4 I I I I I =`,.:...Fs t. ___ w w. a.41,0 Y ___ [ 'rte Y.!1! Mfi�!i Pi mer.forp 1,t6, quss OUMON CO WC fa. Pii OFFER TO PURCHASE AGREEMENT OF PURCHASE AND SALE Pembina ReSoUSODS LiMitsd Oristanse, tarione warded Ow prepeaer,Maw era es,end wit The Corporation of the Village of Port Burwell i^wassp", oft* na. *fisa Iry VW,Moor lc wawa el end~se Ow beemeele Oar se VW west 000. .Port..ltuxwel ."Arbour Village tr. .tort.ittaxwe 11. el ........... Wean NOW lawany "0100 In.roo•oF osemit OS“fir la a•IWO ea arre ere It MIL trewe Part of uomw .11,. Conc. L. iaI and part of the accreted land in front of Lot 11 Conc. 1, designated as Part 3, Plan 11R-5136 IllsOssysd s LAMS County of Elgin rpwctsie pawl One..Huhdred Sixty Thousand- .-7.. koc," One Thousand Mani . 14090•04 -ease or omiland dooquo Me void IMIsrdoodog goo mo dmpoom be ookl V osoding teem!~or OW eweelnelbwo et he Afriawfwe esd to Se effseued taxxsve anNathosi fifts.se*law rid COVOnall OrCePile owl arm give and the vendor agrees to take back a first mortgage on this property in the principal amount of Eighty Five Thousand Dollars ($85,000.00) with -no interest and maturing June 1, 1997. Payments on account of principal will be paid as follows: 4 the sum of $50,000.00 on June 1, 1996; and the sum of $35,000.00 on June 1, 1997 The mortgage provides that should Pembina Resources Limited sell, transfer or in any way dispose of this property, then the balance then owing shall become due and payable, at the option of the mortgagee. • The purchaser agrees to pay the balance due on closing, in cash or by certified cheque, subject to adJustments. nwPwchoo•PAD,Sass Ns orsiude Gm&and Simms.TawrOST 1,ere e ne weneenee re 0 T Orm epplawe 0 ST VW be PO edeerwo ere Per. awn PM* Ai 0 1 ewe br 00•0041 end rlekebeke el required In ins irsvoisecs is el 1r tsoi kikeeelek•MI reekmoire Waal 4e Wel $7 eke Pernewer erne re enrolee ona Ware nag re Ow Venn 0 nereaes Sawn r roma oweass• resseswelteigailiroxy ic Or Vender ce Wake &aft,a as awe mu Ow aria,se ea magma eaeret ce new ere3 T ere era brands btu%oasis,*S Ss Pterteemeeo b.11.T wealea. eatowboi wale ware Ow aewlesie a eal be owe re or Vender on closing Itre elnoictIcn Umet orebPml In 0 9 Veni1D1 provide eat co bora aims w ere Weetwee,aPeareserb Sehria,4 WNW earlikaft V,1 MOINOWIDIV esitialseery lo P.fhperallor Parciader I arap,apa lase PaWaraaaaaa a NDP 10bikel le 05 T 211111111MOUSIWAIMAMINIMUMUNINSUMNION"swi'"""" Al bowel shaf0 memoir rolih We/NOW', *IOW n/a aro Oak tolawkrei chliMpli VW ptOpMeff 044 Vfiee0 1114111bionaltelorl ere sae kk-e 0.4 Mar Mew,ekenrockred n/a Inik°swear be rrotermable VW PAMPA=woo 5:00pii øria 22111 'Jt_tt mu=ca November, 95000 oft. tar e wet accorsied eel Oiler ohne or ui soul wit ad Pa MOW arreere er, Weeenee7 wane a aeresese MOLD is oils•wad end Soo Par 0 woe .snow et Wwwww0.ea ember WO rebel 1141 me@ eoloommrloIC IC g OF Se lerOCOP a tee eyeliner ere ribC ICeserened a We Ownerwa ea es roe snot aVesera.adP1/4.01BNO PO is cal IC P's brOMUCIMe. Inv ele teat eleelaw W bat irony wee a wawa 0 ea elm mu aes• anew aerwasebrie Or kaeller log or Pee wwwee.wee tweesee eaus awl eleen oleWINI elk OM P4000001mu UM.ói.Propekkfr teeloora Mbolebbel neweeseerreir wades Waal en mai Wan,awn smarwrie•arananware ene anerwelow see arwera Ale ra,Oa lend d until. 5 4*" no Porcheser to be eboareewe 10 be410.1.14 04 PaIts a kw eon embrellot.lee ellen murem 149 Oda AliVdelh nap,e%anew wa 00 VW W WOW 5501 MOO adIP5.14,0mu • or rtgoAersolikarat el@ Moving tbreepi.er WO fie 14040414 oi Oa MOM 411011.11.1 or 00,74.17.1 . nib re ere,WPM*ea Vendee Om@ be wale ea weeible awn ea ernia nab ay Owilant ell mei min eile del woe WO or elerambtekke.be rue .ad BM We 114~maw arresi Ow laweeiwit weleal UMW Oeiliabeet ete Velar Cd mu Aga Wel Vs Via IC ww eeew amnia tan era we/nee Meow,se moil MAP IN@ IMPiR 014011011OW all kW 0111111410 @Mk Ili dna Meloler 1110440$MOM The Wendel Pemilire Camierialla IND W•011001111ft AlielaRNa Ili.INOMMEMI 11.1.111 alwiwael hielatel sea maw WOOlans,weal We Paw" Argeowl oftil be tomelelma on re Ware Poe U* 15th dm• December. .95 deo@ OW new penewale 0 a Pamira aPu one le ere Nooses.wiser~war peolebbil ble 0010 kiosk4.4.at eWe II bulldogs and equipment cc els preprty bail to bid remit la the rib alms VentstNd Obbing end ml Vendor 1 hold alPQICICU d Insurance abated on ihe Properly end the proceed&Memel In bust id fie press hobo.be their Inbasis 111.Wf wear.in the went at dosage le the said Nd equiprnsb bade Mite orOMbeliOn at Pile Sanson.Ii.Pordwaer shell hers ml Ault to Owl lo Oka pub premeds and ixenpleis to ,or cancel tole Aprearnent.wherolpin the Pribtreeer Nd Pat Wetted to the return,MONA Inbrest at dedut.et al sillily,Mumblers paid On ObbeilOP d1pUrdelle. Unearned Ike Maumee OFIPMIUMS.kW.lane,eserest rental and all bell IMproverbole end solar robe IC be proportioned and bowed to be date of comehrbon d We. Trendier/Deed to be depose et Me expire*fir the Vendor in form=VS&•101hs Purooarter's Sollchco and ir u Ourperkicogsge le le be giUrn beck eons IC be snowed is be moonset: to Purchaser no•form scoadoble to be Vendor's Sadao Th•TranoverD•rd to es Irwin to the Ptoses shall collar C belerners condoled try WV Vander and OW V OrdCW.•enddror pursued to Section SO 22)d mlPierinirg Act Ilei lgrieword MOS be effective to comb en Memel in the reel properly only It the applicable Ord division providers of the Mondry AN am Noridlod IOW arid Cu.Vendor agrees IC hie or her even's,IC irorrply sueh bodices and lo would degirdr WM V* i . Pr such oxiblearos leriis Vendor.on oml purpose,;before w1 upon completion not to,a-fial'or,mildent"m=0"WPM ObSsoNIu i looter:1M and Act prior Nd to ccirepletlian The Artielmil of Petsiderbe and or Vakie or ml Consideration required under Cu.Land Twister Tex Act Will be pospered by VW Purchaser di the Vendor l not eNexAeld this PgrooTiont.the Vender rebelled"end swarm Pm est compiebon or dig trwrwacelow we mill a:reword to dvegoris or▪ the Lox Act TIC.Ober,when socepted by ml Vender.lid sen . Wang coninet of purchase end aide,end SW Cu mil 014111.110 Owl he et be Mance or Ode Asousearrt. "is agreed that Men'ts no reprseentbion.irembity.abslestel egreinviel or Wadden iirkscting lb.Apsement or the Property or supported hereby other than sr ecmased herein In gentry Aro kinder of docinneno atImmo hadoxider may be merle upon Po Verbor or Purchaser or bon the Soapier weep kr Ms prey on whom tender Is eiseired,end It sholl be weber"the ',spotted.cerlifted Cheque be Ierahwed trebled 01 Nish Each party to pay the oasts et olion and texas on be at her awn document' Thin OW and Os acespience is be read WM at shares*al;sexier or number rewired by the context , L mums Port Colborne e*, dig al November., m 9 Cl wrrhiess WHEREOF I Mao Acta NP ray WWI Nd bat, SIOWED,SEALED PAD DEWARD') P.:, 81 - URCES LIMITED Ow womb or: Pe 411116•0 15. Witmer LOU Goulet, e-Presiden of Operations With',. boaliosor Owl I have authority to bind the Corporation The underbred,hereby scored Cu.above Otter and Its WWe.Nd_osemsele.posama wid wpm b NdMb fie abowsrareaw Purchaser la dully caws out NI IMO on the terms end condillors above mareloresi,OM hereby weep%Ow Owe*at S... flfl CC which the Awein hsrehy salkettsmil b owls s . ,.l...ion CC per cod or an smarm equal IC eve PorchesPrice plow apploable GAIN PROVIDED that no commiertion slue be Airman unarm nal untlit res Pareaclicn se completed The undersigned Spouse 01 ass Venom horsey ccessonts no the sew al the Property Nd brass lo Cu Ms ournesance thereof boor 0.4 dam)I nal'applIca!tle) DATED II WI. 2 7 1 H Awd November, Mr WITNESS WHEREOF i hem heribileb Melt Op PIN SKINED,SEALED AND DELIA' • in presence et THE CORPORATIO OF TH VILLAGE 4„," . OF PORT "Ar.#4 17/11/ Pe r: Dair ifit" Mesh 41,• 040 IPIX / 41//?', VeWW Own 11111 Mom SPODebIlda al Ow War I hereby IICAnnwelocigo moots or scored copy CC NI eccepted Agreement or 0 hereby icknewledge Maid ala Signed Orgy at Mee socapead Agrearrom CC Purchase and Se's Pwahwa end Orb Dab Dab Minder) rwftwo) • . Obi (vendor) resekswo) Address: .01010111N • Telephone NO. tiebillOrre No, Vaster*Illitkeer PrOmmftigrilw • The Corporation of the Village of Port Burwell PO Box 10 21 Pitt Street Port Burwell ON NOJ 1TO By-Law 95-53 Being a by-law to authorize an Application to be made to the Minister of Municipal Affairs to initiate procedures under the Municipal Boundary Negotiations Act. WHEREAS the Corporation of the Village of Port Burwell is desirous of annexing certain lands from the Township of Bayham. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE VILLAGE OF PORT BURWELL ENACTS AS FOLLOWS: 1. That the Minister of Municipal Affairs is hereby requested to initiate the procedures provided for under the Municipal Boundary Negotiations Act, with respect to the annexation of certain lands by the Corporation of the Village of Port Burwell from the Corporation of the Township of Bayham and any other matters pertaining thereto. 2. That the Clerk is hereby authorized and directed to forward a copy of this By-law and any related correspondence to the Minister of Municipal Affairs. This By-law shall come into full force and effect upon the final passing thereof. • 1 Read a first and second time this loth day of October, 1995 Amormr Ar� 'Coir ' - srlClrr�,tt erk real er 1 - r r w I ceve Read a third time and finally passed on tins 10th day of October, 1995 A m' stratorr lerb-Treasurer Reeve 7 • The Corporation of the Village of Port Burwell P4 Box 10 21 Pitt Street Port Burwell ON NO) 1TO By-Law 95-54 Being a by-law to authorize execution of an Easement Agreement between property owners and the municipality for the purpose of drainage works. WHEREAS the Municipal Act, RSO, 1990 c. M45, s 102 as amended gives powers to every council to pass such by-laws and make such regulations for the health, safety, morality and welfare of the inhabitants of the municipality in matters not specifically provided for by this Act and for governing the conduct of its members as may he deemed expedient and are not contrary to law, and; Whereas Corporation of the Village of Port Burwell is desirous of having a drainage maintenance easement adjacent to Parts 1 and 2 of Registered Plan 11 R-3758, Village of Port Burwell hereinafter described as Parts 4 and 5 of Register Plan 11R-6029, Village of Port Burwell. Now Therefore the Council of the Corporation of the Village of Port Burwell hereby directs the Reeve and the Administrator/Clerk-Treasurer to prepare and execute the easement agreements forming Schedule"A"of this bylaw in favour of the municipality with the current and future property owners of Parts 4 and 5 of Registered Plan 11R-6029, Village of Port Burwell. 1 • Read a first and second time this 10th day of October, 1995 Ad _i . . tor/Clerk/ reasurer tt eeve Read a third time and finally passed on this 10th day of October, 1995 A.mi strator/Clerkt-Treasu Ari ve 2 519-433-7909 SCOTT aK 4TZ-5I PPE_ 143 P01 OCT 06 '95 10:37 Scott1 Krantz-Sippel & Brander LAW tit Pall Mal) Sweet, Suite 101 LaxficeL Ontario N6A S% Tel (519)433-5310 Pax (519)433-7909 FAX COVER SHEET Date: October 8, 1995 PLEASE DELIVER THE FOLLOWING DOCUMENTS TO: COMPANY: The Corporation of the Village of Port Burwell ATTENTION: David R. Free FROM: Joan D. P. Krantz-Sipped COMMENTS: Re: Storm sewer easement from Estate of Marion Wilson and from Elgin-Aylmer Development & Holding Ltd. (Mario Chirico) Please be advised that the status of these easements is as follows. The lawyer for the Estate of Marion Wilson has advised that the executrix is willing to execute the requested easement agreement, and execution copies were forwarded by courier. With respect to Mr. Chirico, his lawyer advised me on October 4th that the easement has been executed by Mr. Chirico and will be returned to me shortly. You will recall that there is a mortgage on Mr. Chirico's company's property, which is in favour of Canada Trust 1 have sent various correspondence to Canada Trust and they have today advised me verbally that they are willing to consent to the easement. Execution copies of the required agreement have been forwarded to Canada Trust. I expect to be in receipt of signed documents next week, and will keep you advised. THIS COMMUNICATION IS PRIVILEGED AND CONFIDENTIAL.FOP THE ATTENTION OF THE INDfVIDUAL TO WHOM IT IS ADDRESSED ONLY. IF YOU HAVE R'ECEIVE0 THIS COMMUNICATION IN FAROA PLEASE NOTIFY US IMMEDIATELY SY TELEPHONE,AND RETURN THE ORIGINAL BY M .. We are transmitting 1 pages (including cover page) to fax number 1-519-874-4848 By Fax only X Hard Copy to follow if all pages are not received, please call us at the above number. T.La ,.t . N•!' 13'4 f'�i0'MD --•-� ArEalitr' 'II It ... 11: • . .. . r rlrllrt" wat "' "5 4 4P 1-LA 'fit' iN 441 b ,f 4"1V"It , _ -,_ ,, "et.4, .4 -i• N ,t, -_, .izr .... -17 4p. • IP (: 0" f -assn /raw •1 }. ik �► � r{' ft f i * _A • r }. i kff d E • - - _`fir .. y fei i. cP f • ` ' ti .y i I s "�i X11. S JO sr r.1► - h' . ,+aa,1,.1," !• ar es �` wr — nf„ .?tt r [ 4: "4.1.1 A. . ,i 'AZ" .3f- ' • ii �, i t } -A 41. ( I" a it • wy "f`_ + }4 a W W 4 i .r • i' 4% i ,41.0.44,1‘ ii..1 . , i 11 • 'blip 11 ?,-, i• .- 114Priirt a 1 i 1-9 It 5 - k''It/5 I ,.. ... i . 1". . . . . . ‘r ., , tr.) , 4.!_- • tt 6` .6 r ii ... ,• _.,v,., . . . _ . ,. , , . ....4 447,173,i- . ‘... r '( - ,. '. �r"5r.• it 9•" ±.f 7•y► .04..1.,c ' 4,,••} _/ ,t+i• �ki�`_'4 `i10' Ill . ti frr ef` a • .r of +!�{'7.. / ��V. :3- ....7..-4;.:'..... q '1 Pt f, r ) •Rs . 11:' �'.► !j If r 'YS t•li, 4 !k •,^ - - N..r.__ - t �� �.:1 .•� , •. _- t•,..,.y'�,.''',.%. . ! � .•�` ,.fi 4•+•.�,. 44........,,,,. ..&�,� 'f" 1it�I «T •^'v ti- ! i 1 --..-44.",.rt.. t ),,,••• 4-...Ae. •• -,.° ' '.•' . ,'' . ' . e' . .. ..,4-•• 4 kr � • ' � '• . �'Tet. yf‘••,. e. . `.r, � p tA -• , . , v • F Wim n•-••t SII F 7 • , +ww' asis,,, • TI sum • ate` 11111 i ow mrt AVOW FLAN OF- SUR El' OF FART OF LOT 11 COM 1 GEGGRi11PNIC KNINSIOP OF IP)3#W NOW I11 TIE “Lbli6IE QF APRT BthihrEt L (PART OF C HAINAN STREET REQ PLAN 12 M iaPALI Y air PIE YIULA6E OF PORT'R(J WELL COUNTY OF ELGIN WALE - I Irish - ao Amort 16MM HUSTU SJR4E*4G LTB. .15 SIJEWEYairs I1F 1 E alit Aw+T _ K SAW.,MO AFC 'II!NM .0..c:+r,t a..*.se -aEIRfwIOt - 1.R SAKI M6'agRl14:? M •! • .1, _-AW TAMo LMG iiF1'MMA► NOTES- 1,7111,TV glar anew RFM 1R-1711*.MMIC•Ir/IIMIr Unite BEINdir 1 F.1itOI q1. 0.l JA1fI{ xEsey..�A I17_= Fpl ♦ KIWI 1M-11/' RAI lir A.KU ett INI ! 0 1.IIMy1M*LS Ih110-.fkV • 'MY'Yl fAAm.lti dr L 111M Win eta. • MOM Vira Lot:a 'fie rrik 9 pF PORT'8U9, THE CORPORATION OF THE VILLAGE OF PORT BURWELL P. 0, Box 10, Port Burwell,Ontario NO) ITO 1 ('r telephone (519) 874-4343 • fax (519)874-4948 10 0:6E° , tet `�►.brik : 'OR;US REFUG1139 Memo Date: October 6, 1995 To: Council From: D. Free Re: Maintenance Easement Parts 4 and 5 of Registered Plan 11R-6029, Village of Port Burwell Council: This memo in conjunction with the Addison Street Construction project and the acquisition of lands at the intersection of County Roads #39 and 42. In order to continue the clean up effort of the municipality and improve the infrastructure the drainage ditch at the rear of the Bridge Street properties is being reconfigured in order to improve drainage in the general area (inclusive of the Addison Street area). Small sections of privately owned lands may he affected in the event that maintenance or repair works are necessary in the future. Therefore I directed our land solicitor to acquire an easement which would permit access and works as required in the future. This is a standard practice in most of Ontario (although nothing is standard in Port Burwell) and therefore will assist future Council, administrations and public works operations. Please review the attached proving your direction in this matter. David R. Free 1 Tom Nesbitt • Reeve David R. Free,CET AMCT(A) • Administrator/Clerk-Treasurer founcillors • D. Mason,J. Hevenor,G. Loucks,C.Alain The Corporation of the Village of Port Burwell PO Box 10 21 Pitt Street Port Burwell ON NOJ 1T0 By-Law 95-56 Being a by-law for the joint operation of works, systems and services specifically Garbage disposal and the charging of user fees thereof. WHEREAS the Municipal Act RSO 1990, c. M.45, s. 207, p. 5, as amended permits for the establishment of joint operation of works, systems and services, and for entering into agreements with one or more municipalities to provide for the joint management and operation of water systems, sewage systems, works for the disposal, interception or purification of sewage, garbage collection and disposal systems, hydro-electric systems, transportation systems, road systems, fire departments, police departments, or other municipal utility, systems or services, and for the establishment of joint boards of management thereof, and; Whereas the Council of the Village of Port Burwell has entered into an agreement with Green Lane Environmental Services enacted by Bylaw 94-15 for garbage collection, recycling and disposal services inclusive of the use of a privately owned Waste Disposal Transfer Station, and; Whereas the Council of the Village 9f Port Burwell is desirous to charge user fees in accordance to the use of the Transfer station facility located in Bayham Township and shared by the Village of Vienna, Township of Bayham and the Village of Port Burwell. Now therefore the council of the corporation of the Village of Port Burwell ratifies a user fee system to he administrated by the Village of Vienna, Township of Bayham and Village of Port Burwell with each municipality jointly collecting fees for credit on a shared basis in accordance to Schedule "A" forming part of this bylaw. • 1 ..R f Read a first and second time this 10th day of October, 1995 s All A nzi tra in/Clerk- 'ream r Ala , ' /1„sil: r Read a third time and finally passed on this 10th day of October, 1995 Admin sato Jerk-Treasurer �1►-r Reeve 4 2 Schedule "A" By-Law 95-56 Shingles, Plaster & Non-recyclable Building Materials $20.00 per cubic yard Washers, Dryers, Fridges, Stoves & Hat Water Tams $5.00 each Chesterfields & Sofas $10.00 each Boxsprings & Mattresses $5.00 each Upholstered Chairs $5.00 each Television Set - any size $5.00 each Household Bags of Garbage $1.00 per bag 3 The Corporation of the Village of Port Burwell PO Box 10 21 Pitt Street Port Burwell ON NOJ 1TO By-Law 95-57 Being a by-law to permit the encroachment of a building located at 19 Pitt Street, Village of Port Burwell, WHEREAS the Corporation of the Village of Port Burwell has been made aware of the encroachment of a building located at 19 Pitt Street, described as Lot 16 and Part of Lot 17, West of Erieus Street, Registered Plan 12, Village of Port Burwell, County of Elgin on lands under the ownership and jurisdiction of the municipality, and; Whereas the Municipal Act, RSO 1990, s. 210, p. 107, as amended provides for allowing any person owning or occupying any building or other erection that by inadvertence has been wholly or partially erected upon any highway to maintain and use such erection thereon and for fixing such annual fee or charge as the council considers reasonable for such owner or occupant to pay for such privilege, and; Whereas section 210 p. 107 further provides that such fee or charge forms a charge upon the land used in connection therewith and is payable and payment of it may be enforced in like manner as taxes are payable and the payment of them may be enforced, but nothing herein affects or limits the liability of the municipality for all damages sustained by any person by reason of such erection upon a highway. NOW THEREFORE THE COUNCIL OF TIME CORPORATION OF THE VILLAGE OF PORT BL]RWELL ENACTS AS FOLLOWS: 1. That the said encroachment be granted with a one time fee in the amount of$250.00 due and payable upon the passing of this bylaw. 2. That the Reeve and the Administrator/Clerk-Treasurer are hereby directed to execute the Agreement between Margaretha Wolf and the Corporation of the Village of Port Burwell which Agreement is attached hereto as Schedule"A" and forms part of this bylaw including the legal survey attached hereto as Schedule "B" of this bylaw. • This By-law shall come into full force and effect upon the final passing thereof. Read a first and second time this 24th day of October, 1995 _too si..:;•1 air ilerd Aler Administrator ( ler - r cas.r r 7C74/1( Reg€ Read a third time and finally passed on this 24th day of October, 1995 i 41111V Imp d istrator/Clerk-Treasurer Reeve • 2 S THIS AGREEMENT made in triplicate, this 24th day of October, 1995 BEI WhEN: THE CORPORATION OF THE VILLAGE OF PORT BURWELL Hereinafter called the CORPORATION of the FIRST PART and MARG RETHA WOLFE Hereinafter called the LICENSEES of the SECOND PART WHEREAS the Licensees are the registered owners of certain lands and premises in the Village of Port Burwell, in the County of Elgin and Province of Ontario, more particularly described in Schedule "A" annexed hereto and forming part of this agreement. AND 'WHEREAS the Licensees have applied to The Corporation of the Village of Port Burwell for permission to continue the encroachments of: The building and concrete foundation along the most south westerly section of the existing structure hereinafter called the encroachments, for the life of the structures only, to be used in conjunction with the adjoining lands and premises municipally known as 19 Pitt Street, Village of Port_Burwell. The encroachments are more particularly described in Schedule "B" hereto (and shown on the Plan of Survey dated October 5, 1995 prepared by Kim Hosted Surveying Ltd.) appended to this Agreement. NOW WITNESSETH THAT: 1. The Corporation permits the Licensees to occupy and use the public highway for the purpose of the encroachments, for a maximum term equal to the life of the encroaching structure. 2. The Licensees covenant and agree to maintain the said encroachments in good repair at all times and to the satisfaction of the Corporation's Building Commissioner and Commissioner of Works. 3. The Licensees further covenant and agree to pay to the Corporation any additional municipal realty taxes or other rates and charges, if any, levied or imposed on or in respect of the said portion of the public highway encroached upon or over by the said encroachments. 1 • 4. T he Licensees further covenant and agree to assume the responsibility and to pay for any additional costs or charges which the Corporation, Regional Cable Systems, Arntelecom Group Incorporated, Ontario Hydro or Natural Resource Gas Limited may incur in the future installation or relocation of their services or utility plants by reason of such encroachments and the payment of such sots may be enforced in the same manner as realty taxes payable in respect of the lands owned by the Licensees hereinbefore recited which adjoins the said encroachments. S. It is further understood and agreed by and between the parties hereto that if the said portion of the public highway encroached upon is required by the Corporation for its purposes, the Licensees shall remove the said encroachments and restore the said public highway to the condition of the surrounding area at its own expense on sixty (6 ) days written notice from the Corporation so to do; provided that if the Licensees fail to remove the said encroachments and restore as aforesaid, the Corporation may enter upon the said lands and premises of the Licensees and remove the said encroachments and restore the lands encroached upon and the expense of such removal and restoration shall be paid by the Licensees forthwith on demand, or at the option of the Corporation the payment of such expense may he enforced in the same manner provided in paragraph 4 of this agreement. 6. It is further understood and agreed by and between the parties hereto that if the Corporation at any time exercises its power or right to terminate this agreement or demand the removal of the encroachments or revoke the permission granted herein, the Corporation shall not he liable to pay any compensation for any loss, costs or damages which may be incurred by the Licensees or any person claiming under the Licensees by reason of such termination, demand or revocation. 7. The Licensees further covenant and agree to indemnify and save harmless the Corporation from and against all loss, costs or damages which it may suffer or be put to and from and against all claims or actions which may he made or brought against the Corporation by reason of the said encroachments, its construction, existence, repair or maintenance or resulting therefrom in any way whatsoever. S. The Licensees further covenant and agree to provide and maintain public liability and property damage insurance in a form (containing endorsements naming the Corporation as an additional named insured and providing a cross-liability clause) in the amount of two million dollars ($r2,(XX),(XX).00) and satisfactory to the Village Solicitor and a certified copy of the said insurance policy shall he filed with the tier_ of the Corporation_ im& • ' 9. It is further understood and agreed by and between the parties hereto that by the execution of these presents, the Licensees do hereby expressly and completely release the corporation form any and all liabilities, suits, claims and demands (whether for property damage or for personal injury or death and whether founded in tort, contract or quasi-contract) which at any time might be exerted by the Licensees arising out of the existence of the encroachments in the public highway(s) or out of any act or omission of the Corporation. 10. It is further understood and agreed by and between the parties hereto that if the Licensees sell the said lands described in Schedule"A" hereto annexed, the Licensees shall give notice to the Corporation of such sale within ten (10) days of the completion thereof. 11. It is further understood and agreed by and between the parties hereto that all notices, demands and requests which may he or are required to he given under the provisions of this agreement by either party to the other herein, shall be in writing any may he mailed or delivered and shall he addressed in the case of the Licensee to the Licensee, Margaretha Wolfe at 19 Pitt Street, and in the case of the Corporation to the Village Administrator/Clerk- Treasurer, Village of Port Burwell, Post Office Box #10, Port Burwell, Ontario, NOJ 1TO, or to such other address as either party may from time to time designate by written notice to the other party. 12. It is further understood and agreed by and between the parties hereto that notwithstanding anything hereinbefore or hereinafter contained and further notwithstanding the execution of this agreement, this agreement shall not go into force or have any effect unless and until it has been registered by and at the expense of the Licensee in the Registry Office a true copy thereof bearing registration particulars has been delivered to the said Administrator/Clerk- Treasurer of the Corporation. 13. It is further understood and agreed between the parties hereto that this agreement shall be binding upon and enure to the benefit of the parties hereto and their respective heirs, personal representatives, successors and permitted assigns, it being acknowledged that in the event of the Licensees selling, conveying, transferring or entering into an agreement for sale or of transfer of any title to or interest in part or in all of the Schedule"A" lands to a purchaser or transferee not approved of in writing by the Corporation (which approval may be arbitrarily refused by the Corporation in its sole and uncontrolled discretion), the Corporation may forthwith terminate this agreement or demand the immediate removal of the encroachments or forthwith revoke the permission granted for the encroachments, and may enter upon the Schedule"A" lands in whole or in part and remove the said encroachments and restore the lands encroached upon and the expense of such removal and restoration shall he paid by the Licensees or by such unapproved purchaser or transferee forthwith on demand or, at the Corporation's option, the payment of such expense may be enforced in the same manner as realty taxes payable in respect of the Schedule "A" lands; 3 and the Corporation shall not he liable to pay any compensation for any loss, costs or damages which may he incurred by the Licensees or by such unapproved purchaser or transferee by reason of such termination, demand, revocation, entry, removal, or restoration. Provided however, that notwithstanding the foregoing, the permission to encroach and this agreement shall he assignable to and assumable by a bona fide mortgagee or chargee of the Schedule "A" lands. THE PARTIES HERETO have executed and delivered this agreement as of the day and year first hereinbefore written. THE CORPORATION OF THE VILLAGE OF PORT BU !WELL AV./ Ate Ree Vl' A V inistrat orJClerk--ire asurer LICENSEE Atifattiic Margaretha Wolfe 4 SURVEYWESTOFOR'S REAL PROPERTYEET REPORT PLAN OF LOT 16 AND PART OF LOT 17 _- —_14 ERIEUS STR REGISTERED PLAN Na, 12 I i • VILLAGE OF PORT BURWELL 1 0 COUNTY OF ELGIN w le Z LOT 118 41, SCALE — 1 INCH = 2D FEET �t�v 1a # LOT 18 ISTANCES SHORN ON THIS PLAN ARE W IMPERIAL UNITS ANO CAN IX INSTRUMENT 29916.0 IMPERIAL -_ l'--. li_ BE CONVERTED TO METRES BY IAILTPLHNG BY 0.3046 �, el '� KIM HUSTED SURVEYING LTD. BNITRUMEMT 1:14) 247356 • 0+ /995 I-•.A N 6621.30'w �� N 6636.30'w ($EY) 94.16' y--I REPORT SUMMARY(TD BE READ IN CON.IUNC110,4 MTH PLAN OF SuRVEtj (P, t Y) I, r Z I T 33.00' R I - REGISTERED EASEMENTS AFW/OR wain-OF-WAYNONE REGISTERED ON TITLE 0) I \4O, GOEIFUANCf NTN yUNIpPAL OFFICIAL PLANS AND Z-, I ZONING BT-LAWS: NOT CERTIFIED BY THIS REPORT E) g 1.1, a 1 ADDITIONAL REMARKS PROPERTY DESCPIPTTON - ALL OF LOT 19 AND PART Of LOT 171 00 II II[ST CF FN€US STREET RECSTERE0 PLAN No.12 • 1. 71 - DWELLING ENCROACHES ONTO PITT STREET By 1 7' yyyy E 4 SUBJECT PROPERTY AREA•• 16167 SQUARE FEET E. I AREA OF SUBJECT PROPERTY COWERED BY HOUSE W 9.1(05 + 1677 SDUARE FEFT my /y .I JEID • 7 LOT g 17 . ,)C �� LO 1 COVERAGE •e6 9 W INSTRUMENT 312666 TH65 SURVEYOR'S REAL PROPERTY REPORT HAS BEEN PREPARED FDR •.»s Q LI) , Ca PETER MIS LL. ua CI }--• AND THE UNDERSIGNED ACCEPTS NO RESPONSIBILITY 5 f!) FOR USE BY OTHERS 1") SURVEYOR'S CER11EICATE 14 6I'S6`3O w f CEPT1F'Y'NAT TNR gEL.D SURVEY REPRESENTED BY THIS PLAN AND ceryl 41111 tI T � REPORT WAS COMPLETED ON THE 4 EN DAY OF OCTOBER, 1995 a 1(1) 66.00'(PI t 4) h. Mi• yI J ,Err nna 7 y • ooh NCP % i IC DATTD POR S. N15TW 1:1.1 ONTARO LANG SURVEYOR imLoAK LOT 1$ W Z I MARKET a T1i5 REPORT CAN BE UPDATED BY KW 11Us1E8 SURVEYING LID. HOINEyER NO ADUIZIDNAL PRINTS OF THIS ORKIN& E 1� LOT 18 SQUARE s OF pEpORT LL ISSUED SUBSEQUENT TO THE DATE if) TIEN _ tt nV -.. ,xr ..« ( W NOTES "+t r'1 '.g 11) -SLAIINOS ARE ASTRCNONIC AND ARE REFERRED TO 111E }-^ V,A•,dJ r...E an.c R NORTHERN LIMIT Of PITT STREET AS 4 ON PA or IG OFY BY Q yV� *OO' E] s J F. 6ESTON DL-S.DATED RINE 6, 1979 HA MlG d�ARMG OF vic RR N..,1 z 4 z LEGEND% + ❑EMOTES SURVEY MCI AFENT FOLRIO 'ROI . 7 i.--!33.Mf(P1 t M) - < T 4 99.06 (M Y) a - 96.I0EM 6e M) I ge DENOTES STANDARD SURVEY BAR T w aar�VA C PY I� N 6IEi6'7O"• y ._. 1 (REFERENCE REARM) .{b ` 1,4v I@ DENOTES �RDN BAR eU4ESS 1 s�.W'(PT k My (RN N DENOTES ROUND MOON BAR7.51;)- 1. , (NT). OENOTCS MiFIEss 4 1� z 27) DENOTES J.F 111vST`ON O L.S SU) DENOTES SOURC€UNIO$OM14 ry -C' A556EUTIp1(fF ORAUO ,•P1) DENOTES PLAN OF WRVEY BY xE RESTON O.L.S.DE 6" 19'9 PITT ! T ! Bhp MAINEMRS (M) DENOTES MEASURED 1 0 2 6 1 3 2 © °wom n 1SS6 1(FI NUTTED SURWIVIG LTD, 066'AIDE ACCORONIG 10 4E0IS1ERED PLAN No.12) TIE REPRODUCTION. ALIENATION.OR USE OF TNS REPORT N 040U 1W IN PART NIMOIT THE MITTEN PERMISSION CO KIN HUSTED SURVEY4I0 LTD.IS STRPCTLY PROMPTED - :RTI. KIM HUSTED SURVEYING LTD. IIx nAII a NOF YKD ONTARIO LAND SURVEYOR ' ^IS 50 FOX ALLEY. TN.Lso URG. MURK. NAC 3P4 MGMCOPT swm In INE 9AMYTIP PHONE 519-642-3636 FAX 519-665-2546 • .• f•• .—.ua..Mrr Nar IWO J c - -"'- ) ` 45,•1..al.�s 4r-. _ - PRO.IECT: 95-3720 REFERENCE:F.F,6 ,. p'1 -- J _ 04 PORT 6,0_� THE CORPORATION OF THE VILLAGE OF PORT BURWELL •�• P. O. Box 10. Port Burwell. Ontario NOJ I TO •..r ( telephone (519)874-4343 • fax (519) 874-4948 riattaoftillir PORTUS REFUGi P Fax Cover Page Date: chef To: crfCjn1C . Organization: ( C Fruit r,r [2„/1 Fax Phone No: 7(. 3 Person Sending: 6cr,t^G-- Pages to Follow: - (including cover page) M essage: (j; be- a"Y1,f't_ i fir. .. C r r Signed: ._.rt�a� �r Torn Nesbitt • Reeve David R. Free.CET, AMCT(A) Administrator/Clerk-Treasurer Councillors • D. Mason. Hevenor,G. Loucks,C Alhn SENT BY:MIKE & DON ;10-10-95 ; 5:04PM ; DOYLE & PRENDERGAST-, 87449484 2 DOYLE & PRENDERGAST WAIVERS ERS S �CcrroRS T�LlFt1CJP1E �s 3+ 50 SY©ENNAAI Mar EAST AYLMEA ONTARIO DQNAO r ►o+iwt4PGASr,s, L a N6Y4 Ili FAX NO. (Sip 7611-i71S OUR RILE NO R 14481-95 October 10, 1995 Vx: 474-4941 Village of Port Burwell P.O. BOX 10 Port Burwell, Ontario NW 1TO Dear Sir or Madame: RE: WOLF, Patar & Agatha p/f WOLF, Margaretha, Lot 16, and Part of Lot 17, West of Rriaus Street, Registered Plan $o. 12, Village of Port Burwell, County of Elgin. We ars solicitors acting on behalf of Margaretha Wolf, who is conveying Lot 16 and Part of Lot 17, West of Erisus Strset, f Plan 12, Port Burwell, to her son, Peter, and his Vita, Agatha. we are enclosing a copy of the survey showing that the residence encroaches 1.7 feet onto Pitt Street. We are now enclosing, in triplicate, an Encroachment Agreement for the Village to execute if in order. Our closing date for this transaction is at hand so please let us know as soon as possible. Yours (,70"-T DOYLE ielse ,�, . AST Wil! r ,r PIR:PER: miqpiaL DOYLE vi Incl'. s ` ►*a SENT BY:MI11 & DON :10-10-95 5:04PM ; DOYLE & PRENDERGAST-' 8744948;# 3 THIS AGREEMENT made the day of , 1995. BETWEEN: • The Corporation of the Village of POtt X11 hereinafter called the Allege and Margaretha JWol f hereinafter called Wolf Vis: 1. The Village is the owner in fee simple of a street called Pitt Street in the Village; 2. The second party, Wolf, is the owner in fee simple of Lot 16 and Part Lot 17, West of Enigma street, according to Plan 12 ; 3. The said property encroaches over the street as per the attached survey by Kim Rusted, dated October 5, 1995: 4 . The Village has agreed the encroachment over the street may continue as set out in this Agreement. wrrTNESSErrs: 1. The Village shall allow the encroachments as shown on the said survey to continue so long as the house continues in its present location, subject to the Village's right to require the removal of the encroachment if such is necessary or convenient for any municipal purpose. SIGHED, SEALED AND DELIVERED ) ) in the presence of ) . . . . . . Margaretha Wolf ) ) ) The Corporation of the ) Village of Port Burwell ) ) Per ) ) SENT BY:NIKE i DON :10-10-G5 : 5:05PM : DOYLE I PRENDERGAST- 8?44948:I 5 SURVEYOR'S REAL PROPERTY REPORT PLAN OF LOT 16 AND PART OF LOT 17 - WEST OF ERIEUS STREET REGISTERED PLAN No. 12 VILLAGE OF PORT BURWELL COUNTY OF ELGIN SCALE - I INCH - 20 FEET 71Trn IMPERIAL °" ' e re':;r ULTIPLnwG Sr Ad. AND Cod KIM HUSTED SURVEYING LTD. 1995 REPORT SUMMARY(TT3 9F RF■t0 IN CONJUNCTION *two PIAN OF CIRVFY) RLGSTLRCD EA3[6A[N'S ANO/ORIDINT3-OF-WAY NONE REPSTEKELI uN IIILL CONPuAr+GL *ITN MuNIGIPAL of FICIAL PLANS AND MONO r'r-LAWNS. NOT Cl71I1IVIEO Jr TNI REPORT A40iT1ONAL REINARKA• PROPERTY DC5CFRP1ION - ALL OF LOT II MO PART or LOT 17 REV or CIIICus STREET REGISTERED P1.NI Nu_12 - DTNELUNG NM:ROACHES ON TU F'IIt STIOsC I ST 1.7' 3ur.[GT PROPERTY AREA • 12187 SOUMZ PITT AKA or SIIR.IFrY PRAPFRTY CB'I RET' BY NOUS( ANO SUMS - 1477 SQUARE Fir u.i r~o 1.0e - +o iR w a rrNAR:N 1 s1 ores Nis SURVEYOR'S RLAL PROPERTY REPORT HAS ■EIN PREPARED FOR PETER WCLF 'I^ AND THE UNOERSICNED ACCEPTS NO RESPONlAIUTY IA FOR USE BY MEWS PP,L,N SURVEYOR'S CERTIF1CATE N 111111111r w l I CERTIFY THAT THE FIELD SURINEY REPRESENTED 9Y INK PI AN ANO et OW {P1 r AO 1 0 REPORT *AS vumnilw UN INT. 4 V OAT cr OCTOBER. 1925 = 1 r lil / 1'l if7 +11✓i S Q^ QArEb Ip s. N i LTi ON AR!O LAND SUR'. '-DR r R 'MARKET E THIS REPORT CAN K UPDATED BY KIM RUSTED SURVENINO LTB. $OMIEVER NO ADOtT1ONA. PRINTS OF THS ORIGINAL SQ U A FR E # VOU.1 U K ISSUED S UOSEOUENT TO THE oATE OF CERTIFICATION W NOTES (1). 5CQVN05 ARC A3TRONOMC AND ARE RETERRED TO TN( NUIINtRN LOOT OF PITT STREET AS SNORRI ON PLAN OF X1 I'By .1 r NrSTON n I A rlATrn .I RIE I. 1979 NAIAN^ A KABOB Or S N SEr sr' 3O' W S- z LEGEND ` 'LA1 l DENOTES SURvf r NONumENr router /yr 94.00' (PI ! N) P • n DENOTES S.i c'r MONUMENT SET / 71+Ff 4 Avor D9 ODOTC9 STANDARD IRON BAR AM OIT►pPNAL COPY woo' (P r al u) %1'1055371 Ie xnoTLs RON SAP UNLESS RIO Ni DENOTES ROUND IRON BAP rliilaeern Me7I4 1 t+RT) mums wTrl[St srit• 727) DONO7E3 .Ir. vrESTON O.L.S. A8NOaAT1dN or Qh' $.U) momsumo. I NO* �\ } DENOTES PLAN Or SLONE. S' 1 F 1MetnN n L 5 DATED Ame i, 1 i 79 LAND l3MYE'117Ai N) relatoES N A...MD Pt AA SINIIIM mo' 1 0 2 1 1 3 2 0 'CQF"Atl0IT 1660 Kw MU 3RD SUR K'1ANG LTD, RAI REPRODUCTION. ALTERATION. OR VX of T1413 RETORT IN wiOLE CP IN PART INTHOUT THE *111>w PEIW15pum u► kIN NUSTED SURVE'ANO . Ai LTD. IS STRICTLY IRCHIMTEO N- KIM HUSTED SURVEYING LTD. .i..►,«4 NoT YAW ONTARIO LAND SURVEYOR 1I+LT:i.rN U +909iO 91191111M.airy M �00 FOX AY. C. CINTAfO, N4CI 3P4 Sim n lig swr Tran MOM 3111-842-3631 FAX: 31S-S01-254I PROJECT; 95-3720 REFERENCE:FFNWNW 4.. ER 104 SENT BY:MIKE 1 DON ;10-10-45 ; 5:05PN : DOYLE • PRENDERGAST-0 8744048:4 4 z 10 1 Cr: 1 1 .W . ' z LOT 18 LOT 18 t ' Nif I VME�IT .211111111110 M 04% 1.L INSTRUMENT 247355 0 id ►--C N 14'5130' W 2.--i..--t N WS11'30' * (SET) WIC' r--4 33.00' (PI • '0 1 CT Q 8 C4 ii W CC 0 'U 4 Mit i, -e ite 13 LOT LOT g 17 lift 'mi P ua s 2 -. 1,.r 1 J .. +Lt Wm.mob i i 11 ! LOT 18 i 5 s q 5 J .0-T' -�' .; LP) '0;5 \C' , rate.mums a ) li 0comnrillOARK . 1 r._ NMI Iles IQ til_.cect. : 33.00' (P1 • 10 i IA..T t 4l.00. (Pt ,4 M) �t 1 N 1431"34" w I I (ffleretwcr a t AitwG) 1 r PJTT STREET (U' WOE ACCORISNO TO NEGISTERICO PLAN Na 12) _1+Q,,r , a{ pOR,9 THE CORPORATION OF THE y4', + '9`-n VILLAGE OF PORT BURWELL 1 P. 0. Box I0. Port Burwell,Ontario NOJ ITO $-* rip ,rm.° { telephone (519) 874-4343 • fax (519) 874-4948 4PUW1s411,11. re•Mp 11 pORTus REFtiG" Memo To: Council From: D. Free Re: Encroachment By-Law 95-57 Date: October 19, 1995 Please find attached By-Law 95-57, being a by-law to grant the encroachment of a building located at 19 Pitt Street, Village of Port Burwell. Encroachment agreements are not unusual item for municipalities, as during the early days there were a number of buildings which were inappropriately built. This is not to say that we should not recover costs associated with this matter, as they are using municipal property for their building. In essence the Municipal Act provides for renting of the property. I have formulated the by-law in such a manner that there can be an annual fee, or the by-law can be amended to provide for a one-time fee only. I am also aware that Council is considering no charges at all, and although this matter has carried on for a number of years, it is the property owners of the past that have enjoyed a rent-free stay on municipal property. In this day of shrinking dollars and user fee systems, I would advise Council to charge a fee accordingly of no less than$500.(X)as a one-time fee or$100.00 per year in accordance to the by-law which is before you. I await Councils decision in this matter. I' 10116 I+ 'Free Torn Nesbitt • Reeve David R. Free,CET, AMCT(A) Administrator/Clerk-Treasurer Councillors • D. Mason.J. Hever-tor G. Loucks.C.Alyn I ' DOYLE & PRENDERGAST BARRISTERS d. SOLICITORS TEIEPHpNF 7713105 p SYDENHAM STREET EAST AYLMER,ONTARIO MICHAEL DOvLE.Q A LL B N511 1L DONAL D J PRENDERGAST B A Li B FAX NO. (511)765-1721 OUR FILE NO R 14481-95 October 13, 1995 KAT ' Wr ,•M.M Village of Port Burwell \ _4©O _, ' r) P.O. BOX 10 Port Burwell, Ontario As. foot• .4 NOJ 1TO A"C ATTENTION: Ed Roloson RE: ENCROACHMENT AGREEMENT in regards to WOLF, Peter & Agatha Purchase From WOLF, Margaretha, 19 Pitt Street, Port Burwell. Pursuant to our previous fax, we are now enclosing a copy of the Agreement regarding the encroachment at 19 Pitt Street. You will note that we have removed the reference to the requisition- ing removal of the building. C.M.H.C. has advised us that for them to lend money on this residence the Agreement must provide that the encroachment may continue so long as the house continues in its present location. If this Agreement is not satisfactory to the Village, please advise. We understand that you will direct a meeting on October 24 , 1995 . Yours trul DOYLE 0,•, • •CAST PER: MICHAEL DOYLE vl Encl. mi THIS AGREEMENT made the day of , 1995. BETWEEN: The Corporation of the Village of Port Burrell hereinafter called the village and Margaretha Wolf hereinafter called Wolf WHEREAS: 1. The Village is the owner in fee simple of a street called Pitt Street in the Village; 2 . The second party, Wolf, is the owner in fee simple of Lot 16 and Part Lot 17, West of Erieus Street, according to Plan 12 ; 3 . The said property encroaches over the street as per the attached survey by Kim Husted, dated October 5, 1995 ; 4 . The Village has agreed the encroachment over the street may continue as set out in this Agreement. WITNESSETH: 1. The Village shall allow the encroachments as shown on the said survey to continue so long as the house continues in its present location. SIGNED, SEALED AND DELIVERED ) in the presence of ) Margaretha Wolf ) The Corporation of the ) Village of Port Burwell ) ) Per THIS AGREEMENT made the day of , 1995. BETWEEN: The Corporation of the Village of Port Burwell hereinafter called the village and Margaretha Wolf hereinafter called Wolf WHEREAS: 1 . The Village is the owner in fee simple of a street called Pitt Street in the Village; 2. The second party, Wolf, is the owner in fee simple of Lot 16 and Part Lot 17, West of Erieus Street, according to Plan 12 ; 6�. � 3. The said p arty encroaches over the street as per the attached survey by Kim Rusted, dated October 5, 1995; \ CD S "= Vii - •e has greed the encroachment ojre`f the, etreet may -- tin. = - s- - t - ent. rf 50 (Yrs , .7;147-714.151- 1. r�The Village shall allow the encroachme as shown on the �+ said survey to continue so long as the house continues in 'P5' its present location. " /V fr Q - , tr1 ' 4 tj 4' D. SEALED AND DELIVERED ) le ti in the presence of ) r% rt f ) Margaretha• t Wolf l' [ ) The Corporation of the ) Village of Port y�xl. s 7 ) Per. . . The Corporation of the Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell, Ontario By-Law 95-58 Being a by-law to amend By-Law 95-03, being a by- law prescribing a tariff of fees for the processing of applications made in respect of planning matters. WHEREAS the Planning Act, RSO 1990 c. P. 13 s. 69 enables the Council of the Village of Port Burwell to prescribe a tariff of fees for the processing of applications made in respect of planning matters; AND WHEREAS Section 68 of the Planning Act restricts the tariff to meet only the anticipated cost to the full the processing of each type of application provided for in the tariff; AND WHEREAS the Council of the Village of Port Burwell has enacted Bylaw 95-03 being a by- law prescribing a tariff of fees for the processing of applications made in respect of planning matters. NOW THEREFORE, the Council of the Village of Port Burwell amends Section 1.4 as follows: 1.4 a 'Consent' application in accordance with Section 49 of the Planning Act, RSO 1990, c. P. 13 shall be a fixed cost of$75.00 for processing by the municipality and fees as permitted by bylaw by the Elgin County Land Division Committee. This by-law shall come into force and effect on the date of its passing. I Read a first and second time this 24th day of October, 1995. Reeve r A.mi 1strator/CIertt-Treasurer Read a third time and »,ally passed this 24th clay of October, 1995. ... - , Reeve 4 • mi•'. rator/Clear-Treasurer 2 The Corporation of the Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell, Ontario By-Law 95-58 Being a by-law to amend By-Law 95-03, being a by- law prescribing a tariff of fees for the processing of applications made in respect of planning matters. WHEREAS the Planning Act, RSO 1990 c. P. 13 s. 69 enables the Council of the Village of Port Burwell to prescribe a tariff of fees for the processing of applications made in respect of planning matters; AND WHEREAS Section 68 of the Planning Act restricts the tariff to meet only the anticipated cost to the full the processing of each type of application provided for in the tariff; AND WHEREAS the Council of the Village of Port Burwell has enacted Bylaw 95-03 being a by- law prescribing a tariff of fees for the processing of applications made in respect of planning matters. NOW THEREFORE, the Council of the Village of Port Burwell amends Section 1.4 as follows: 1.4 a 'Consent' application in accordance with Section 49 of the Planning Act, RSO 1990, c. P. 13 shall be a fixed cost of$75.00 for processing by the municipality and fees as permitted by bylaw by the Elgin County Land Division Committee. This by-law shall come into force and effect on the date of its passing. 1 Read a first and second time this 24th clay of October, 1995. Com/ Reeve I, u •atar/Cler -Treasurer • Read a third time and i ally passed this 24th day of October, 1995. Reese % ra ` m.'. ratar/Clerk-Treasurer J. 2 of PORT 8, THE CORPORATION OF THE Nt' w ��� VILLAG€ OF PORT BURWELL Aftie '�� P. O, Box I13, Port Burwell, Ontario NOT ITO s�i Likr z. , telephone (S I9)874-4343 • fax IS 19)874-4948 41111•0fta PoRrus REF130 Memo To: Council. From: D. Free Re: By-Law 95-58, a by-law to amend By-law 95-03, a by-law to prescribe fees Date: October 19, 1995 During the October 10, 1995 Council Meeting, I was directed to adjust By-Law 95-03 tariff fees for the processing of applications pursuant to recent decisions by the County of Elgin Land Division Committee in regards to handling land division matters. Commensurate with the direction of Council I have prepared the attached by-law for Council's consideration. Please review this information at your earliest possible convenience. Ma ree Tom Nesbitt • Reeve David R. Free,CET, AMCT(A) Administrator/Clerk-Treasurer Councillors • D. Mason,J. Hevenor, G, Loucks.C.Aliin The Corporation of the Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell, Ontario By-Law 95-59 Being a by-law prescribing the method to receive and take care of and disburse money, etc including the signing cheques. WHEREAS the Municipal Act, RSO 1990 c. M. 45 s. 79 provides as follows; 79. (1) The treasurer shall receive and safely keep all money of the corporation, and shall pay out the same to such persons and in such manner as the laws of Ontario and the by-laws or resolutions of the council direct, and every cheque issued by the treasurer shall be signed by the treasurer and by some other person designated for the purpose by by-law or resolution of the council. R.S.O. 1980, c. 302, s. 81(1); 1989, c. 11, s. 1. (2) Despite subsection (1), (a) the council of a local municipality having a population of less than 5,000 and the council of a county may provide that cheques issued by the treasurer may be signed by the treasurer only; and (h) the council of any other municipality may designate one or more persons to sign cheques in lieu of the treasurer. (3) The council of any municipality may provide that the signature of the treasurer and of any other person authorized to sign cheques issued by the treasurer may be written or engraved, lithographed printed or otherwise mechanically reproduced on cheques. NOW TFIEREFORE, the Council of the Village of Port Burwell enacts as follows: 1.() That two signatures he required on all cheques made payable by the municipality consisting of one staff member and one member of Council. 2.0 The Administrator/Clerk-Treasurer only shall sign all cheques and the Reeve as the member of Council be authorized to sign cheques on behalf of the municipality. 3.0 As an alternate signing authority Council may from time to time by resolution appoint an alternate member of Council to sign cheques when the Reeve is not reasonably and readily available to sign cheques as may he required in the financial affairs of the municipality. • This by-law shall come into force and effect on the date of its parsing. Read a first and second time this 27th day of November, 1995. Z/11; Reeve '411 Ad inistrator/Clerk-Treasurer Read a third time and finally passed this 27th day of November, 1995. Ara•l 1 ,reve • Ad nistrator/Clerk-Treasurer 2 fl� Poar 80 , fi THE CORPORATION OF THE 411110144111 VILLAGE OF PORT BURWELL PO.Box 10,Port Burwell,Ontario N@j I TO 41:4rigid telephone (519) 874-4343 • fax (519)874-4948 pORrlus REFUG1 February 15, 1996 Canadian Imperial Bank of Commerce 200 Broadway Til.lsonburg Town Center Mall Tillsonburg ON N4G 5A7 Attention: Mr. Jim Bigger Dear Mr. Bigger Please find enclosed a certified copy of our By-Law 95-59, a by-law to prescribe the method to receive, take care of and disburse money. trust that you will find the attached in order and if you should have any further questions concerning this matter please feel free to call , Yours truly -ree, ET, AMCT Ad in istrator/Clerk-Treasurer Encls. c.c. Betty Lee Loucks, CIBC Port Burwell • David R, Free,CET,AMCT • Administrator/Clerk-Treasurer S. f • 7 The Corporation of the Village of Port Burwell Port Office Box #10 21 Pitt Street Port I3urwell, Ontario By-Law 95-59 I3eing a by-law prem.-ribing the method to receive and take care of and disburse money, etc including the signing cheques. WHEREAS the Municipal Act, RSO 1990 c. M. 45 s. 79 provides as follows; 79. (1) The treasurer shall receive and safely keep all money of the corporation, and shall pay out the same to such persons and in such rnanner as the laws of Ontario and the by-laws or resolutions of the council direct, and every cheque issued by the treasurer shall be signed by the treasurer and by some other person designated for the purpose by by-law or resolution of the council. R.S.O. 1980, c. 302, s. 81(1); 1989, c, 11, s. 1. (2) Despite subsection (1), (a) the council of a local municipality having a population of less than 5,000 and the council of a county may provide that cheques issued by the treasurer may be signed by the treasurer only; and (b) the council of any other municipality may designate one or more persons to sign cheques in lieu of the treasurer. (3) The council of any municipality may provide that the signature of the treasurer and of any other person authorized to sign cheques issued by the treasurer may he written or engraved, lithographed, printed or otherwise mechanicly reproduced on cheques. f NOW THEREFORE, the Council of the Village of Port Burwell enacts as follows: 1.0 That two signatures be required on all cheques made payable by the municipality consisting of one staff member and one member of Council. 2.0 The Administrator/Clear-Treasurer only shall sign all cheques and the Reeve as the member of Council be authorized to sign cheques on behalf of the municipality,. 3.0 As an alternate signing authority Council may from time to time by resolution appoint an alternate member of Council to sign cheques when the Reeve is not reasonably and readily available to sign cheques as may be required in the financial affairs of the municipality. This by-law shall come into force and effect on the date of its passing. Read a first and second time this 27th day of November, 1995. .l* /{ I, s • �dk, _ R. FREE, C.E.T.. A.M.C.T. .. j''• Ad ,i • r TrIMISION of the eve map CProt w Osffifyl' the kwpAry Is a true cam Demi cI ER - 9f Ad• inistrator/Clerk-Treasurer Rawl a third time and finally passed this 27th day of November, 1995 t / ti v Riee /OF Ad nistrator/Clerlr-Treasurer 2 The Corporation of the Village of Port Burwell. PO Box 10 21 Pitt Street Port Burwell ON NOJ ITO By-Law 95-60 Being a by-law to authorize the Reeve and the Administrator/Clerk- Treasurer to enter into an Agreement with Aylmer Stone Works for the purpose of the construction of the Port Burwell Market Square Sports Park. WHEREAS the Municipal Act, RSO, 1990 c. M45, s 102 as amended gives powers to every council to pass such by-laws and make such regulations for the health, safety, morality and welfare of the inhabitants of the municipality in matters not specifically provided for by this Act and for governing the conduct of its members as may be deemed expedient and are not contrary to law, and; Whereas Corporation of the Village of Port Burwell is desirous to enter into the attached Agreement forming Schedule "A", with Aylmer Stone Works for the purpose of the construction of the Port Burwell Market Square Sports Park. Read a first and second time this 28th day of November, 1995 I nistratoerk- Treasurer 1,3yeve� Read a third time and finally passed on this 28th day of November, 1995 inistrato 'lerk7Treasurer --""--'79* Reeve A Standard Construction Document - CCDC 2 - 1962 AGREEMENT BETWEEN OWNER AND CONTRACTOR for use when a stipulated price forms the basis of payment and to be used only with the General Conditions of the Stipulated Prig*Contract. This Agreement made on the. ,, hof....14tligr in the year nineteen hundred and .N by and between • . . . . . . . Mack .. . hereinafter called the"Owner end Aqre.lc-F. hereinafter called the "Contractor' witnesses: that the parties agree as follows ARTICLE A-1 THE WORK The Contractor shall Sal prrrform the Work required by the Contract Documents for . tOr, prj'. . . . . . rrnsarr here the nt Or rhe Work and Che Prorec r/ which have been signed by the parties, and which were prepared by . . . .:.. ..,. .. ..,, . . . . . . . . . . . . .. , . . . acting as and hereinafter called the "Consultant"and IbI do 1d fulfill everything indicated by this Agreement, and +r4\ (di commence the Work by the .. day of w^, . . . . . 19 95.and attain Substantial Performance of the Work,as certified by the Consultant, by the tiD' . day of 199L' . t 1() &SS ARTICLE A-3 CONTRACT PRICE The Contract Price is ................................ Doe-. . o.ret . .E ode. IS /Q5. y 1 in Canadian funds, which price shall be subject to adjustments as may be required in accordance with the provisions of the Contract Documents. ARTICLE A.4 PAYMENT (a) Subject to applicable legislation and the provisions of the Contract Documents, and in accordance with legislation and statutory regulations respecting holdback percentages and, where such legislation or regula- tions do not exist or apply, subject to a holdback of 1,C1 percent { /0 %l, the Owner shall: (1) make monthly payments in Canadian funds to the Contractor on account of the Contract Price. The amounts of such payments shall be as certified by the Consultant, and (2) upon Substantial Performance of the Work as certified by the Consultant pay to the Contractor the unpaid balance of holdback monies then due, and 131 upon Total Performance of the Work as certified by the Consultant pay to the Contractor the unpaid balance of the Contract Price then due. (b) In the event of loss or damage occuring where payment becomes due under the property and boiler insurance policies, payments shall be made to the Contractor in accordance with the provisions of GC 20 — INSURANCE. (0 If the Owner tails to make payments to the Contractor as they become due under the terms of this Contract or in an award by arbitration or court, interest of a"J /m,.,* percent (..Q4)%)per annum on such unpaid amounts shall also become due and payable until payment. Such interest shall be calculated and added to any unpaid amounts monthly. ARTICLE A-5 RIGHTS AND REMEDIES (al The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law ibl No action or failure to act by the Owner, Consultant or Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract,nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing • ARTICLE A-4 SUCCESSION The General Conditions of the Stipulated Price Contract hereto annexed, and the other aforesaid Contract Documents, are to be read into and form part of this Agreement and the whole shall constitute the Contract be- tween the parties and subject to law and the provisions of the Contract Documents shall enure to the benefit of and be binding upon the parties hereto, their respective heirs, legal representatives, successors and assigns. In witness whereof the parties hereto have executed this Agreement under their respective corporate seals and by the hands of their proper officers thereunto duly authorized, SIGNED, SEALED AND DELIVERED in the presence of: OWNER !+, .Macs ,c .. . «. t. •.rn,e Ale !1 .r ,eifv.-44. . iGL`F' . .5 a 2/X;;Vg. .�c 014'Lf A raw70.20' . . . . - • -...,,i,174----------,4/ v...,....„ ...„,„,., „..,,,7:(— .-3-116-- Cr ot.4.„,,,:i 1(e r4,. nom and PO nein■nI 5* CONTRACTOR .He 4. . .4 , _'4.k _ .' -4 214[4,-.,27," - . signature �Mar L/r ��l I ..«. « « / � /414...,4(---) . r:4. . . - _ • iiia.... s++gn.rwr wireless .oris is.0011111Havas and ow s N.B. Where legal , local practice. or Owner or Contractor requirement calls for proof of authonty to ex- ecute this document, proof of such authority in the form of a certified copy of a resolution naming tine person or persons to question as authorized to sign the Agreement for and on cehalf of the corporation or partrters d. pertsra to the Agreement. should be attached 00600-SURETY & DEPOSIT REQUIREMENTS 1.0 TENDER SECURITY 1.1 The Tenderer shall furnish, with his Tender, a Tender deposit in the form of a certified cheque, cash or Bid Bond endorsed in the name of the The Village of Port Burwell, signed and sealed by the Contractor and Surety, in an amount equal to ten percent of the Tender Price. 1.2 Such deposit shall be security to the Owner that the Tenderer, if awarded the Contract, will execute the Agreement, supply Bonds, Insurance Documents and a Worker's Compensation Board Clearance Certificate, and start work as specified. 1.3 Deposits of all Tenderers, except the lowest and second lowest Tenderers, will be returned within ten (10)days of the opening of Tenders. 1.4 Deposits of the two low Tenderers will be retained until a bid has been accepted and the Contract properly executed. 1.5 Bid Bonds submitted as a security shall be from the same guaranty surety company supplying the performance and labour and material bonds for this contract 00655 - INSURANCE REQUIREMENTS 1.0 SCOPE 1.1 This section is to be read in conjunction with the Insurance Requirements as described in GC 20 "Insurance"of the General Conditions of the Contract. Insurance to protect the Contractor and his authorized Subcontractors against claims for property damage and for personal injuries, including accidental death in the following sums: Public Liability- $1,000,000- each occurrence- one or more,persons, and Property Damage - S1,000,000 - each occurrence The Contractor shall also furnish Owner's Protective Liability and Property Damage Insurance to protect the Owner against claims for property damage and for personal injuries, including accidental death, caused by the operations of the Contractor or his authorized Subcontractors during the performance of work on this Contract in the following sums- Public Liability- $1,000,000- each occurrence - one or more persons, and Property Damage - $1,000,000 each occurrence END OF SECTION 00600. • y f,1, . 044 t 4 ► 0 S ► I . The Agreement, Definitions and General Conditions contained in the Standard Construction Document CCDC No. 2, revised 1982, stipulated price contract shall become a part of the Contract and shall apply to all Contractors and Sub-Contractors. A-2 CONTRACT DOCUMENTS The following is the exact list of the Contract documents required to be listed in Article A-2 of the Agreement. 1 Agreement as per CCDC2-1982,Common Law Version, pages I to 5. 2. General Conditions as per CCDC2-1982, Common Law Version, pages 9 to 24. 3. Definitions as per CCDC2-1982,Common Law Version, Pages 7 and 8. 4. Section 00210_ Project Time Schedule, Page 1. 5. Section 00600- Surety and Deposit Requirements 6. Section 00655 - Insurance Requirements 7. Contract Drawings and Specifications 8. Tender Form and Instructions to Bidders_ Standard Conatrucbon Oocurnenr - CC OC 2 --1982 DEFINITIONS The following Definitions shall apply to ail Contract Documents. 1. The Contract The Contract Documents form the Contract. The Contract is the undertaking by the parties to perform their respective duties, responsibilities and obligations as prescribed in the Contract Documents and represents the entire agreement between the parties. The Contract supersedes all prior negotiations, representations or agreements, either written or oral, including the bidding documents. The Contract may be amended only as provided in the General Conditions of the Contract. 2. Contract Documents The Contract Documents consist of the executed Agreement between the Owner and Contractor, the General Conditions of the Contract. Supplementary Conditions, Definitions, specifications, drawings and such other documents as are listed in Article A-2 — CONTRACT DOCUMENTS including amendments thereto incorporated before the execution of the Contract and subsequent amendments thereto made pur- suant to the provisions of the Contract and agreed upon between the parties. 3. Owner The Owner is the person, firm or corporation identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number and masculine in gender. The term Owner means the Owner or his authorized agent or representative as designated to the Contractor in writing but does not include the Consultant. 4. Consultant The Consultant is the person, firm or corporation identified as such in the Agreement. and is an Architect or Engineer licensed to practice in the province or territory of the Place of the Work, and is referred to throughout the Contract Documents as if singular in number and masculine in gender. 5. Contractor The Contractor is the person, firm or corporation identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number and masculine in gender. The term Contrac- tor means the Contractor or his authorized representative as designated to the Owner in writing. 6 Subcontractor A Subcontractor is a person, firm or corporation having a direct contract with the Contractor to perform a part or parts of the Work, or to supply products worked to a special design according to the Contract Documents, but does not include one who merely supplies products not so worked. The term Subcontrac- tor is referred to throughout the Contract Documents as if singular in number and masculine in gender. 7. The Project The Protect means the total construction contemplated of which the Work may be the whole or a part. 9. The Work The Work means the total construction and related services required by the Contract Documents 9. Products Products means material, machinery, equipment and fixtures forming the Work but does not include machinery and equipment used for preparation, fabrication, conveying and erection of the Work and nor mally referred to as construction machinery and equipment 10. Other Contractor Other Contractor means a person, firm or corporation employed by or having a separate contract directly or indirectly with the Owner for work other than that required by the Contract Documents 11 Place of the Work The Place of the Work rs the designated site or location of the Protect of which the Work may be the whole or a pan • , Ste rd Co oruceon Document —CCOC 2 — 1982 THE GENERAL CONDITIONS OF THE STIPULATED PRICE CONTRACT I Hereinafter referred to as the General Conditions.! GC 1 DOCUMENTS 1.1 The Contract Documents shall be signed in duplicate by the Owner and the Contractor. 1.2 The Contract Documents are complementary, and what is required by any one shall be as binding as if required by all. 1.3 The intent of the Contract Documents is to include the labour, products and services necessary for the performance of the Work in accordance with these documents. It is not intended, however, that the Con- tractor shall supply products or perform work not consistent with, covered by or properly inferable from the Contract Documents. 1.4 Words and abbreviations which have well known technical or trade meanings are used in the Contract Documents in accordance with such recognized meanings. 1 5 References to the masculine or the singular shall be considered to include the feminine and the plural as the context requires. 1 6 In the event of conflicts between Contract Documents the following shall apply-- fal figured dimensions shown on a drawing shall govern even though they may differ from dimensions scaled on the same drawing, fbI drawings of larger scale shall govern over those of smaller scale of the same date. Icl specifications shall govern over drawings. (di the General Conditions shall govern over specifications, lel Supplementary Conditions shall govern over the General Conditions, and If) the executed Agreement between the Owner and Contractor shall govern over all documents. Notwithstanding the foregoing, documents of later date shall always govern 1 7 The Contractor shall be provided without charge with as many copies of the Contract Documents or parts thereof as are necessary for the performance of the Work, d The,Contractot shall keep one copy of current Contract Documents and shop drawings at the Place of the Work, in good order and available to the Consultant and his representatives. This requirement shall not be considered to include the executed set of Contract Documents. 19 Drawings, specifications, models and copies thereof furnished by the Consultant are and shall remain his property with the exception of the signed contract sets belonging to each parry to this Contract. Such documents and models are to be used only with respect to the Work and are not to be used on other work. Such documents and models are not to be copied or revised in any manner without the written authonza-. tion of the Consultant 1 10 Models furnished by the Contractor at the Owner's expense are the property of the Owner GC 2 ADDITIONAL INSTRUCTIONS 2 1 During the progress of the Work the Consultant will furnish to the Contractor such additioznal instructions to supplement the Contract Documents as may be necessary for the performance of the Work. Such instructions shall be consistent with the intent of the Contract Documents. 2.2 Additional instructions may be in the form of specifications, drawings, samples, models or other written instructions 2 3 Additional instructions will be issued by the Consultant with reasonable promptness and in accordance with a schedule agreed upon for such instructions. CCDC 2 1982 rd•0[1710 9 GC 4 DELAYS 4.1 If the Contractor is delayed in the performance of the Work by en act Or omission of the Owner, Consultant, Other Contractor, or anyone employed or engaged by them directly or indirectly, contrary to the provisions of the Contract Documents, then the Contract Time shall be extended for such reasonable time as the Consultant may decide in consultation with the Contractor- The Contractor shall be reimbursed by the Owner for reasonable costs incurred by the Contractor as the result of such delay 4.2 If the Contractot rs delayed in the performance of the Work by a stop work order issued by a court or other public authority and providing that such order was not issued as the result of an act or fault of the Contrac- tor or anyone employed or engaged by him directly or indirectly, then the Contract Time shall be extended for such reasonable time as the Consultant may decide in consultation with the Contractor. The Contrac- tor shall be reimbursed by the Owner for reasonable costs incurred by the Contractor as the result of such delay. 4.3 If the Contractor is delayed in the performance of the Work by labour disputes, strikes, lock-outs (including lock-outs decreed or recommended for its members by a recognized contractors' association, of which the Contractor is a member or to which the Contractor is otherwise bound), fire, unusual delay by common carriers or unavoidable casualties or, without limit to any of the foregoing, by a cause beyond the Contractor's control, then the Contract Time shall be extended for such reasonable time as the Consultant may decide in consultation with the Contractor, but in no case shall the extension of time be less than the time lost as the result of the event causing the delay, unless such shorter extension be agreed to by the Contractor. The Contractor shall not be entitled to payment for costs incurred as the result of such delays unless such delays are as the result of actions by the Owner 4 4 No extension shall be made tor delay unless written notice of claim is given to the Consultant not later than fourteen 041 days after the commencement of delay. providing however, that in the case of a continuing cause of delay only one notice of claim shall be necessary 4.5 if no schedule is made under 6C 2 - ADDITIONAL INSTRUCTIONS, no claim for delay shall be allowed because of failure to furnish instructions until fourteen (141 days after demand for such instructions has been made and not then unless such claim is reasonable 4 6 The Consultant will not, except by written notice to the Contractor, stop or delay the Work pending instructions or proposed changes in the Work. GC5 OWNER'S RIGHT TO PERFORM WORK OR STOP THE WORK OR TERMINATE CONTRACT 5.1 It the Contractor should be adjudged bankrupt, or makes a general assignment for the benefit of creditors because of his insolvency or if a receiver is appointed because of his insolvency, the Owner may, without prejudice to any other right or remedy he may have, by giving the Contractor or receiver or trustee in bankruptcy written notice, terminate the Contract. 5.2 If the Contractor should neglect to prosecute the Work properly or otherwise fails to comply with the requirements of the Contract to a substantial degree and if the Consultant has given a written statement to the Owner and Contractor that sufficient cause exists, the Owner may notify the Contractor in writing that he is in default of his contractual obligations and instruct him to correct the default in the five (5r working days immediately following the receipt of Such notice. 5.3 If the correction of the default cannot be completed in the five 151 working days specified, the Contractor shall be in compliance with the Owner s instructions if he- Ial commences the correction of the default within the specified time, and lb/ provides the Owner with an acceptable schedule for such correction and lcl completes the correction in accordance with such schedule. 5.4 It the Contractor fails to correct the default in the time specified or subsequently agreed upon, the Owner. without prejudice to any other right or remedy he may have. may gal correct such default and deduct the cost thereof from any payment then or thereafter due the Con- tractor provided the Consultant has certified such cost to the Owner and the Contractor, or lb) terminate the Contractor s right to continue with the Work in whole or in part or terminate the Contract 5.5 if the Owner terminates the Contractor's right to continue with the Work under the conditions set out in this General Condition, he shall lal be entitled to take possession of the premises and products and utilize the construction machinery and equipment the whole suoject to the`ights of third parties. and finish the Work by whatever method he may consider expedient but without undue delay or expense, and it.); withhold further payments to the Contractor until the Work is finished and CCDC2 - law F.epLCi7io 7.3 If the matter in dispute is not resolved promptly the Consultant will give such instructions as in his opinion are necessary for the proper performance of the Work and to prevent delays pending settlement of the dispute. The parties shall act immediately according to such instructions, it being understood that by so doing neither parry will jeopardize any claim they may have. If it is subsequently determined that such in- structions were in error or at variance with the Contract Documents, the Owner shall pay the Contractor costs incurred by the Contractor in carrying out such instructions which he was required to do beyond what the Contract Documents correctly understood and interpreted would have required him to do, in cluding costs resulting from interruption of the Work. 7.4 It is agreed that no act by either parry shall be construed as a renunciation or waiver of any of his rights or recourses, provided he has given the notices in accordance with paragraph 7.2 and has carried out the instructions as provided in paragraph 7.3. 7-5 If the parties have agreed to submit disputes to arbitration pursuant to a Supplementary Condition to the Contract, or by subsequent agreement, then the dispute shall be submitted to arbitration in accordance with the provisions of the arbitration legislation of the Place of the Work. 7.6 If no provision or agreement is made for arbitration then either parry may submit the dispute to such judicial tribunal as the circumstances may require. 7.7 In recognition of the obligation by the Contractor to perform the disputed work as provided in paragraph 7.3, it is agreed that settlement of dispute proceedings may be commenced immediately following the dispute in accordance with the aforegoing settlement of dispute procedures. GCB ASSIGNMENT 8.1 Neither party to the Contract shall assign the Contract or a portion thereof without the written consent of the other, which consent shall not be unreasonably withheld. GC 9 OTHER CONTRACTORS 9.1 The Owner reserves the right to let separate contracts in connection with the Protect of which the Work cs a part, or do certain work by his own forces 9.2 When separate contracts are awarded for different parts of the Protect, or work i5 performed by the Owner's own farces, the Owner shall: (al provide for the co-ordination of the work of his own forces and of each separate contract with the Work of this Contract, and lb/ ensure that insurance coverage is provided to the same requirements as are called for in GC 20 - IN- SURANCE. Such insurance shall be co-ordinated with the insurance coverage of this Contractor as it affects the Work of this Contract. 9 3 The Contractor shall co-ordinate the Work of this Contract with the work of Other Contractors and connect as specified or shown in the Contract Documents If there is a change rn the scope of the work re- quired for the planning and performance of this coordination and connection the changes shall be authorized in accordance with GC 11 - CHANGES ill THE WORK and the value of the changes shall be determined in accordance with GC 12 - VALUATION AND CERTIFICATION OF CHANGES IN THE WORK. 9.4 The Contractor shall report to the Consultant any apparent deficiencies in Other Contractors' work which would affect the Work of this Contract immediately they come to his attention and shall confirm such report in writing. Failure by the Contractor to so report shall invalidate any claims against the Owner by reason of the deficiencies of Other Contractors work except as to those of which he was not reasonably aware 9.5 The Owner shall take all reasonable precautions to avoid labour disputes or other disputes on the Protect arising from the work of Other Contractors GC 10 SUBCONTRACTORS TO 1 The Contractor agrees to preserve and protect the rights of the parties under the Contract with respeCt to work to be performed under subcontract and to. lal enter into contracts or wrinen agreements with his Subcontractors to require them to perform their wort in accordance with and subject to the terms and conditions of the Contract Documents, and a +bl be as fully responsible ro the Owner for acts and omissions of his Subcontractors and of persons directly or indirectly employed by them as for acts and omissions of persons directly employed by him The Contractor therefore agrees that he will incorporate the terms and Conditions ct the Contract Documents into all subcontract agreements he enters into weir his �uacontracto•s • • • GC 13 APPLICATIONS FOR PAYMENT 13.1 Applications for payment on account maybe made monthly as the Work progresses. 13.2 Applications for payment shall be dated the last day of the agreed monthly payment period and the amount claimed shall be for the value, proportionate to the amount of the Contract, of work performed and products delivered to the Place of the Work at that date. 13.3 The Contractor shall submit to the Consultant, at least fourteen {141 days before the first application for payment, a schedule of values of the various parts of the Work, aggregating the total amount of the Con- tract Price and divided so as to facilitate evaluation of applications for payment. 13.4 This schedule shall be made out in such form and supported by such evidence as to its correctness as the Consultant may reasonably direct and when approved by the Consultant shall be used as the basis for applications for payment, unless it be found to be in error. 13.5 When making applications for payment, the Contractor shall submit a statement based upon this schedule. Claims for products delivered to the Place of the Work but not yet incorporated into the Work shall be supported by such evidence as the Consultant may reasonably require to establish the value and delivery of the products. 13.6 Applications for release of holdback monies following Substantial Performance of the Work and the application for final payment shall be made at the time and in the manner set forth in GC 14 — CEA- TIFICATES AND PAYMENTS. GC 14 CERTIFICATES AND PAYMENTS 14 1 The Consultant will, no later than ten t 101 days after the receipt of an application for payment from the Contractor submitted in accordance with GC 13 --APPLICATIONS FOR PAYMENT, issue a certificate for payment in the amount applied for or in such other amount as he determines to be properly due. If the Consultant amends the application, he will promptly notify the Contractor in writing giving his reasons for the amendment. 14.2 The Owner shall make payment to the Contractor on account in accordance with the provisions of Article A-4 PAYMENT no later than five 151 days after the issuance of a certificate for payment by the Consultant. 14 3 The Consultant will, no later than ten 1101 days after the receipt of an application from the Contractor for a certificate of Substantial Performance of the Work, make an inspection and assessment of the Work to verify the validity of the application The Consultant will, no later than seven (71 days after his inspection, notify the Contractor of his approval or the reasons for his disapproval of the application. When the Con- sultant finds that Substantial Performance of the Work has been reached he will issue such a certificate, The date of Substantial Performance of the Work shall be as stated in this certificate. Immediately follow- ing the issuance of the certificate of Substantial Performance of the Work, the Consultant, in consultation with the Contractor, will establish a reasonable date for the Total Performance of the Work. 14 4 immediately following the issuance of the certificate of Substantial Performance of the Work the Consultant will issue a certificate for payment of holdback monies. The holdback monies authorized by this certificate shall become due and payable on the day following the expiration of the statutory limitation period stipulated in the lien legislation applicable to the Place of the Work or where such legislation does not exist or apply in accordance with such other legislation, industry practice or such other provisions which may be agreed to between the parties. providing that the Owner may retain out of such holdback monies any sums required by law to satisfy any liens against the Work or Other monetary claims against the Contractor and enforceable against the Owner and that the Contractor has submitted to the Owner a sworn statement that all accounts for labour, subcontracts, products, construction machinery and equip ment and other indebtedness which may have been incurred by the Contractor in the Substantial Performance of the Work and for which the Owner might in any way be held responsible have been paid in full except holdback monies properly retained. 14.5 Where legislation permits and where, upon app:ication by the Contractor, the Consultant has certified that the work of a Subcontractor has been totally performed to his satisfaction prior to the Substantial Per- formance of the Work, the Owner shall pay the Contractor the holdback retained for such Subcontractor on the day following the expiration of the statutory limitation period for such Subcontractor stipulated in the lien legislation applicable to the Place of the Work. 14 6 Notwithstanding the provisions of paragraph 14 5 and notwithstanding the wording of such certificates the Contractor shall ensure that such work is protected pending the Total Performance of the Work and be responsible for the correction of defects in it regardless of whether or not they were apparent when such certificates were issued CCDC : - 19fli c,rrr iC s OC 16 TAXES AND DUTIES 15.1 Unless otherwise stated in Supplementary Conditions the Contractor shall pay the government sales taxes, customs duties end excise taxes with respect to the Contract. 15.2 Where an exemption or recovery of government sales taxes, customs duties or excise taxes is applicable to the Contract,the procedure shall be as established in the Supplementary Conditions 15.3 Any increase or decrease in costs to the Contractor due to changes in such taxes and duties after the date of the tender shall increase or decrease the Contract Price accordingly. GC 16 LAWS, NOTICES, PERMITS AND FEES 16.1 The laws of the Place of the Work shall govern the Work. 16.2 The Contractor shall obtain the permits, licences and certificates and pay the fees required for the performance of the Work which are in force at the date of tender closing, but this shall not include the obtaining of permanent easements or rights of servitude. 16,3 The Contractor shall give the required notices and comply with the laws, ordinances, rules, regulations, codes and orders of the authorities having jurisdiction which are or become in force during the performance of the Work and which relate to the Work, to the preservation of the public health, and to construction safety. 16.4 The Contractor shall not be responsible for verifying that the Contract Documents are in compliance with the applicable laws, ordinances, rules, regulations and codes relating to the Work If the Contract Documents are at variance therewith, or changes which require modification to the Contract Documents are made to the laws, ordinances, rules, regulations and codes by the authorities having jurisdiction subse• quant to the date of tender closing, the Contractor shall notify the Consultant in writing requesting direc- tion immediately such variance or change becomes known to him The Consultant will make the changes required to the Contract Documents on accordance with GC 11 - CHANGES IN THE WORK, and the value of the changes shall be determined in accordance with GC 12 - VALUATION AND CERTIFICA• TION OF CHANGES IN THE WORK. 16.5 If the Contractor fails to notify the Consultant rn writing and obtain his direction as required in paragraph 16.4 and performs work knowing it to be contrary to any laws, ordinances, rules, regulations, codes and orders of the authorities having jurisdiction, the Contractor shall be responsible for and shall correct the violations thereof and shall bear the costs, expense and damages attributable to his failure to comply with the provisions of such laws, ordinances,rules, regulations, codes and orders. GC 17 PATENT FEES 17.1 The Contractor shall pay the royalties and patent licence fees required for the performance of the Contract. He shall hold the Owner harmless from and against claims, demands, losses, costs, damages, actions,/suits, or proceedings arising out of the Contractor's performance of the Contract which are attnbutable to an infringement or an alleged infringement of a patent of invention by the Contractor or anyone for whose acts he may be liable 17.2 The Owner shall hold the Contractor harmless against claims, demands, dosses, costs, damages, actions, suits, or proceedings arising out of the Contractor's performance of the Contract which are attributable to an infringement or an alleged infringement of a patent of invention in executing anything for the purpose of the Contract. the model, plan or design of which was supplied to the Contractor as part of the Contract Documents GC 18 WORKERS' COMPENSATION INSURANCE 18.1 Prior to commencing the Work and prior to receiving payment on Substantial and Total Performance of the Work, the Contractor shall provide evidence of compliance with the requirements of the province or territory of the Place at the Work with respect to workers compensation insurance including payments due thereunder. 18.2 At any time during the term of the Contract. when requested by the Owner. the Contractor shall provide ,, such evidence of compliance oy himself and his Subcontractors. Idl Property and Boiler insurance: i11 All risks property insurance shall be in the pint names of the Contractor, the Owner and the Consultant, insuring not less than the sum of the amount of the Contract Price and the full value, as stated in the Supplementary Conditions, of products that are specified to be provided by the Owner for incorporation into the Work, with a deductible not exceeding one percent of the amount insured at the site of the Work. The fcrm of this insurance shall be the latest edition of CCDC Form 201 and shall be maintained continuously until ten (10) days after the date of Total Performance of the Work,as set out in the certificate of Total Performance of the Work. (2) Boiler insurance insuring the interests of the Contractor, the Owner and the Consultant for not less than the replacement value of boilers and pressure vessels forming part of the Work. The form of this insurance shall be the latest edition of CCDC Form 301 and shall be maintained con- tinuously from commencement of use or operation of the property insured and until ten 1101 days after the date of Total Performance of the Work, as set out in the certificate of Total Performance of the Work. 131 Should the Owner wish to use or occupy part or all of the Work he shall give thirty 130)days writ ten notice to the Contractor of the intended purpose and extent of such use or occupancy. Prior to such use or occupancy the Contractor shall notify the Owner in writing of the additional premium cost, if any, to maintain property and boiler insurance, which shall be at the Owner's expense. If because of such use or occupancy the Contractor is unable to provide coverage, the Owner upon written notice from the Contractor and prior to such use or occupancy shall provide, maintain and pay for property and boiler insurance insuring the full value of the Work, as in sub- paragraphs (1) and (2), in CCDC Forms 201 and 301, including coverage for such use or occu- pancy and shall provide the Contractor with proof of such insurance. The Contractor shall refund to the Owner the unearned premiums applicable to the Contractor's policies upon termination of coverage (4) The policies shall provide that, in the event of a loss or damage, payment shall be made to the Owner and the Contractor as their respective interests may appear. The Contractor shall act on behalf of the Owner and himself for the purpose of adjusting the amount of such loss or damage payment with the Insurers. When the extent of the loss or damage is determined the Contractor shall proceed to restore the Work. Loss or damage shall not affect the rights and obligations of either party under the Contract except that me Contractor shall be entitled to such reasonable ex tension of Contract Time relative to the extent of the loss or damage as the Consultant may decide in consultation with the Contractor 15) Payment for loss or damage The Contractor shall be entitled to receive from the Owner, in addition to the amount due under the Contract, the amount at which the Owner's interest in restoration of the Work has been ap- praised, such amount to be paid as the restoration of the Work proceeds and in accordance with the requirements of GC 13 —APPLICATIONS FOR PAYMENT and GC 14 — CERTIFICATES AND PAYMENTS in addition the Contractor shall be entitled to receive :rum the payments made by the Insurer the amount of the Contractors interest in the restoration of the Work. (6) The Contractor shall be responsible for deductible amounts under the policies except where such amounts may be excluded from the Contractor's responsibility by the terms of GC 21 = PRO- TECTION OF WORK AND PROPERTY and GC 22 - DAMAGES AND MUTUAL RESPON- SIBiLITY (1) In the event of loss or damage to the Work arising from the work of ay Other Contractor, the Owner, in accordance with his obligations under GC 9 - OTHER CONTRACTORS, paragraph 9 2, shall pay the Contractor the cost of restoring the Work as the restoration,of the Work proceeds and in accordance with the requirements of GC 13 — APPLICATIONS FOR PAYMENT and GC 14 - CERTIFICATES AND PAYMENTS lel Contractors' Equipment Insurance: Ali risks contractors equipment insurance covering construction machinery and equipment used by the Contractor for the per rormance of the Work, including boiler insurance on temporary boilers and pressure vessels. shall be in a form acceptable to the Owner and shall not allow subrogation claims by the Insurer against the Owner. The policies shall be endorsed to provide the Owner with not less than fifteen 1151 days written notice in advance of cancellation, change or amendment restricting coverage. Subiect to satisfactory proof of financial capability by the Contractor for self-insurance of his equipment, the Owner agrees to waive the equipment insurance requirement. 20.2 Unless specified otherwise the duration of each insurance policy shall be from the date of commencement of the Work until the date of Total Performance of the Work as set out in the certificate of Toni Performance of the Work rrnr', Icy", I: ...rnlIr 24.4 The Contractor agrees to correct or pay for damage resulting from corrections made under the requirements of paragraph 24.2. GC 25 CONTRACTOR'S RESPONSIBILITIES AND CONTROL OF THE WORK 25.1 The Contractor shall have complete control of the Work and shall effectively direct and supervise the Work so as to ensure conformance with the Contract Documents. He shall be solely responsible for construction means, methods, techniques, sequences and procedures and for coordinating the various parts of the Work under the Contract. 25 2 The Contractor shalt be solely responsible for construction safety at the Place of the Work and for compliance with the rules, regulations and practices required by the applicable construction safety legislation. 25.3 The Contractor shall have the sole responsibility for the design, erection, operation, maintenance and removal of temporary structural and other temporary facilities and the design and execution of construc- tion methods required in their use The Contractor shall engage and pay for registered professional engineering personnel skilled in the appropriate disciplines to perform these functions where required by law or by the Contract Documents and in all cases where such temporary facilities and their method of construction are of such a nature that professional engineering skill is required to produce safe and satisfactory results. 25 4 Notwithstanding the provisions of paragraphs 25.1 and 25-3, or provisions to the contrary elsewhere in the Contract Documents where such Contract Documents include designs for temporary structural and other temporary facilities or specify a method of construction in whole or in part, such facilities and methods shall be considered to be part of the design of the Work and the Contractor shall not be held responsible for that part of the design or the specified method of construction. The Contractor shall, however, be responsible for the execution of such design or specified method of construction in the same manner that he is responsible for the execution of the Work. 25-5 The Contractor shall review the Contract Documents and shall promptly report to the Consultant any error, inconsistency or omission he may discover. Such review by the Contractor shall be to the best of his knowledge, information and belief and in making such review the Contractor does not assume any respon- sibility to the Owner or the Consultant for the accuracy of the review. The Contractor shall not be liable for damage or costs resulting from such errors. inconsistencies or omissions in the Contract Documents which he did not discover. if the Contractor does discover any error, inconsistency or omission in the Contract Documents he shall not proceed with the work affected until he has received corrected or mis- sing information from the Consultant. 25.6 The Contractor shall prepare and update as required a construction schedule indicating the timing of the major activities of the Work. The schedule shall be designed to ensure conformance with the required Contract Time The schedule shall be submitted to the Owner and the Consultant for their information within a reasonable time from the date of Contract award. The Contractor shall monitor the progress of the Work relative to the schedule and advise the Consultant of any revisions required as the result of delays as provided in GC 4 — DELAYS, indicating the results expected from the resultant change in schedule. GC 26 SUPERINTENDENCE 26.1 The Contractor shall employ a competent supervisor and necessary assistants who shall be in attendance at the Place of the Work while work is being performed. 26.2 The supervisor shall be satisfactory to the Consultant and shail not be changed except for good reason and only then after consultation with the Consultant 26.3 The supervisor shall represent the Contractor at the Place of the Work and instructions given to him by the Consultant snail be held to have been given to the Contractor. Important instructions shall be confirmed to the Contractor in writing; other instructions shalt be so confirmed if requested. GC 27 LABOUR AND PRODUCTS 27.1 Unless otherwise stipulated elsewhere in the Contract Documents, the Contractor shall provide and pay for labour, products, tools, construction machinery and equipment, water, heat, light, power, transports• tion and other facilities and services necessary for the performance of the Work in accordance with the Contract. 27.2 Products provided shall be new unless otherwise specified in the Contract Documents. Products which are not specified shall be of a quality best suited to the purpose required and their use subfect to the approval of the Consultant. 27.3 The Contractor shall maintain good order and discipline among nis employees engaged on tree Work and shall not employ on the Work anyone not skilled in the task assigned to nim 32.4 The Consultant may order any part or parts of the Work to be specially examined should he believe that such work is not in accordance with the requirements of the Contract Documents. if, upon examination such work be found not in accordance with the requirements of the Contract Documents, the Contractor shall correct such work and pay the cost of examination and correction. If such work be found in accordance with the requirements of the Contract Documents, the Owner shall pay the cost of examina- tion and replacement. 32.5 The Contractor shall furnish promptly to the Consultant two 12) copies of certificates and inspection reports relating to the Work GC 33 REJECTED WORK 33.1 Defective work, whether the result of poor workmanship, use of defective products, or damage through carelessness or other act or omission of the Contractor and whether incorporated in the Work or not, which has been rejected by the Consultant as failing to conform to the Contract Documents shall be removed promptly from the Place of the Work by the Contractor and replaced or re-executed promptly in accordance with the Contract Documents at the Contractor's expense. 33.2 Other Contractors' work destroyed or damaged by Such removals or replacements shall be made good promptly at the Contractor's expense. 33.3 if in the opinion of the Consultant it is not expedient to correct defective work or work not performed in accordance with the Contract Documents, the Owner may deduct from the monies otherwise due to the Contractor the difference in value between the work as performed and that called for by the Contract Documents, the amount of which will be determined in the first instance by the Consultant. GC 34 SHOP DRAWINGS 34 1 The term -shop drawings' means drawings, diagrams, illustrations, schedules, performance charts, brochures and other data which are to be provided by the Contractor to illustrate details of a portion of the Work. 34 2 The Contractor shall arrange for the preparation of clearly identified shop drawings as called for by the Contract Documents or as the Consultant may reasonably request 34.3 Prior to submission to the Consultant the Contractor shall review all shop drawings. By this review the Contractor represents that he has determined ani_ verified all field measurements, field construction criteria, materials, catalogue numbers and similar data or will do so and that he has checked and co- ordinated each shop drawing with the requirements of the Work and of the Contract Documents- The Contractor's review of each shop drawing shall be indicated by stamp, date, and signature of a responsible person. 34 4 The Contractor shall submit shop drawings to the Consultant for his review with reasonable promptness and in orderly sequence so as to cause no delay in the Work or in the work of Other Contractors. If either the Contractor or the Consultant so requests they shall jointly prepare a schedule fixing the dates for sub- mission and return of shop drawings Shop drawings shall be submitted in the form of reproducible transparencies or prints as the Consultant may direct. At the time at submission the Contractor shall notify the Consultant in writing of any deviations in the shop drawings from the requirements of the Contract Documents 34.5 The Consultant will review and return shop drawings in accordance with any schedule agreed upon, or otherwise with reasonable promptness so as to cause no delay. The Consultant's review will be for conformity to the design concept and for general arrangement only and such review shall not relieve the Contractor of .esponsibility for errors or omissions in the shop drawings or of responsibility for meeting all requirements of the Contract Documents unless a deviation on the shop drawings has been approved in writing by the Consultant 34 6 The Contractor shall make any changes in shop drawings which the Consultant may require consistent with the Contract Documents and resubmit unless otherwise directed by the Consultant. When resubmit- ting, the Contractor shall notify the Consultant in writing of any revisions other than those requested by the Consultant. GC 35 CASH ALLOWANCES 35.1 The Contract Price includes cash allowances stated in the Contract Documents. 35-2 Cash allowances, unless otherwise specified, cover the net cost to the Contractor of services. products, construction machinery and equipment. freight, unloading, handling, storage, installation and other authorized expenses incurred in performing the work stipulated under the cash allowances • 35 3 The Contract Price, and not the cash allowances, includes the Contractor's overhead and profit in connection with such cash allowances CCOC 2 - 19t2 Fre 00710 23 °''r.' r r SECTION 00S00-SPECIAL CYaND1TIO S 8.I The specifications for the project shad be the notes on the drawings. 8.2 GC20 INSURANCE(SEE A1TACTI-IED) 8.3 The Village of Port Burwell contact person is: Ed Roloson (519 874-1000 END OF SECTION 00800. • The Corporation of the Village of Port Burwell P4 Box 10 21 Pitt Street Port Burwell ON NOJ IT0 By-Law 95-61 Being a by-law to finally and formally close certain roads and streets within the Village of Port Burwell. WHEREAS the Municipal Act, R.S.0 1990, c. M.45, s.297 provides that the council of every municipality may pass by-laws, (a) for establishing and laying out highways; (1,) for widening, altering or diverting any highway or part of a highway; (c) for stopping up any highway or part of a highway or for stopping up any highway or part of a highway fur a specified period or periods of time; (d) for leasing or selling the soil and freehold of a stopped-up highway or part of a highway; (e) for setting apart and laying out such parts as may be considered expedient of any highway for the purpose of carriage ways, boulevards and sidewalks, and for beautifying the same, and making regulations for their protection; (f) for permitting subways under and bridges over any highway upon such conditions as the council considers advisable; (g) for acquiring land or an interest in land at street intersections for the purpose of rounding corners, and; WHEREAS the Provincial Parrs Act, RSO, 1990, c. P. 34, s. 3, p. 4 provides as follows; that despite the Municipal Act, every unopened road allowance that is within a provincial park and that has not been closed and conveyed shall be deemed to have been vested in the Crown from the day on which the provincial park was established or the area in which the unopened road allowance is located was added to a provincial park, as the case may be, and the Minister may close to travel any such road allowance one month after having • f caused notice of the proposed closing to be published once a week for four consecutive weeks in a newspaper having general circulation in the locality in which the road allowance is located or one month after having caused such a notice to be posted in a conspicuous place at or near the road allowance, and; Whereas certain municipal roads allowances have been assumed h the Ministry of Natural Resources for the estahhshment of the Port Burwell Provincial Park in 1965 by the purchase of lands within the Village of Port Burwell for the purposes of a establishing a Provincial Park under the Provincial Parks Act. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE VILLAGE OF PORT BURWELL RATIFIES AND ENACTS AS FOLLOWS: 1. That certain roads and street he finally and formally closed in accordance to Schedule "A" attached hereto of this bylaw. 2. That the AdministratarlClerk-Treasurer is hereby authorized and directed to register the closing of roads within this bylaw in the Elgin County Registry Office. This By-law ratifies all actions of Council and the Province of Ontario and shall come into full force and effect upon the final passing thereof. Read a first an. . and time this 12th day of December, 1995 • A. " rstrator/Clerk- Treasurer Read a third ti and finally passel on ties 12th day of December, 1995 AO'6. Ad istratorJClerk-Treasurer • Schedule "A" Bylaw 95-61 Village of Port Burwell Street Instrument No Reference Ashley Avenue 123212 Plan of Survey attached hereto as Schedule"B' Barbara Avenue 123212 Plan of Survey attached hereto as Schedule"B" Broad Street 123212 Plan of Survey attached hereto as Schedule"B` Criffle Avenue 123212 Plan of Survey attached hereto as Schedule"B" Derwent Street 123212 Plan of Survey attached hereto as Schedule"B" Elizabeth Avenue 123212 Plan of Survey attached hereto as Schedule"B" Grove Street 123212 Plan of Survey attached hereto as Schedule"B" Hattie Avenue 123212 Plan of Survey attached hereto as Schedule'B" Kirkland Street 123212 Plan of Survey attached hereto as Schedule"B" Solway Drive 123212 Plan of Survey attached hereto as Schedule'B" Waver Street 123212 Plan of Survey attached hereto as Schedule-B" West Street 123212 Plan of Survey attached hereto as Schedule'E" r Prepared by D R Free Adrn*F meelor/Clerk-Treawrter f 2JTltl6 3 50 PM County of Elgin Registry Office • 1 • I . MYNAH TOWNSHIP BAYHAM TOWNSHIP i III% I.1 111111 .s a Lar 1n 2 im. CON IP f":F /PAB,, 1 [=:' p i , a *� , 6LLAGE OF PORT RURWELL. CON1 CDN T � 1,1 �14.s,,1�1el f. 3� MUNICIPAL ROUNOARIES m, ow ,�ii Win I _s f4;� t 4a+� a sir C�4 1 ifi,I� teamile. Fara, au.m, rm.. a M&11 ors ir AO abaD."milk =salt. Lur 13 i■1 iff I1 14 /f4044• :a. a .,w maa"—.a. i m•an as 4E1 i dal. as- api..im WillaW IMAM ii.11•11 we //ref ifil • war,v..iiiidpi . 414404..z ;.= .aaai mei.= :i N ile- I/iIP '��, mi. • r11li� wail. ■ ``:`i�r`'�"``'►.,,� =�? _— - - y • + i PART t7FF 4 9 i • rb 1 CONCESSION I EittaituA,wsw of s,rrwrloft..s +. . 1 PART OF LOT 1a C=UIJ"-- .r. r'' .4 / CONCESSION I 1 " y �� �' �• ter•• LEEDS pJENUE,FAYA7[?Wp LNGTpN STREETS REGISTERED PLAN Ng 191 ...,a....�..t-, 1 m 1407 LOTS 20 TO 27 INCLUSIVE, // 'a""'�" ..s_a °+s-dill 7 .,�'V NiMt 27A99 MAY ; LOTS 23 TC?+I3 RVVCLLRSIVE, a .@+14 d LOTS 65 7a 85 INCLUSIVE, 0 /• LOTS 88 TO IOk INCi L IVE .....irwo..,, .'� r- 44, TOWNSHIP OF '/ LOTS 103 TO 130 N0.USiV'E .....,......�.. 18 VILLAGE Q �� i ! FARTSOLWAY DRIVE fE� E�7 ` # .• .". S��sf r `/ KfRKLAJt3,GR1FFLE.BRryWY479VER,0ERW£NT I I aN0 FAY STREETS, ��} a eAFEApA BW HAM '' / s PART OF DROVE STRET ..�..t rm�`lTiri A PST (PART/ r PART OF ELIZABETH AND ASHLEY AVEI'ILES L If V �, LANE . oasamrt p a, r..�...a. - - AY HAM (�Aarajimi �2 r RECDIStr EER�ED LEAN 228 _+R ���, .— .ems Ln . .r s, mrz�w ,U.0 OF • ).! �tilp.4 r/-'a" _+amrr ra,E.4/0eer +u , ',71 ELG011 - 1:i o� kir-�' ' _ `' O t L^tw 11%7`SDR lan i ca 1 ,..t«4 * 'aLux7 Q ' +• SugneEf009�EAT4PICAtE .� .•MIN CE Nig VLI_A f � c+ } OF PORT BURWELL : • • The Corporation of the Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell, Ontario By-Law 95-62 Being a by-law to amend By-Law 94-22, Being a By- Law Prescribing the Standards for the Maintenance and Occupancy of Property WHEREAS the Planning Act, RSO 1990 c. P. 13 s. 31, p. 11 provides as follows every by-law passed under this section shall provide for the establishment of a property standards committee composed of such persons, not fewer than three, as the council considers advisable and u:ho shall hold office Jrosuch term and on such conditions as may be prescribed in the by-law, and the council of the municipality, when a vacancy occurs in the membership of the committee, shall forthwith fill the vacancy. AND WHEREAS the Council of the Village of Port Burwell has enacted a Property Standards bylaw 94-22 under the Planning Act. NOW THEREFORE, the Council of the Village of Port Burwell amends bylaw 94-22 to add Section 38.1.5 as follows: 38.1.5 if a Property Standards Committee is not formally appointed by bylaw then the,Council of the municipality shall be charged with the duties of the Committee. This by-law shall come into force and effect on the date of its passing. Read a fi and second tirn is 1 di day of December, 1995. Reeve 47 .r • rator/Clerle-Treasurer 1 ti Real a third time and finally pared this 12th day of December, 1995. s Reeve Adn iietrator/Clerk-Treasurer d' 2 Village of Port Burwell Port Office Box #10 21 Pitt Street Port Burwell, Ontario NOJ 1TO Resolution 951212-14 ecember 12, 1995 >�f MOVED BY: /AL_ 7 SECONDED BY: -Air Mme . Whereas the Planning Act, RSO 1990 P. 13, r. 31, p. 11 provides that; Every by-law passed under this section shall provide for the establishment of a property standards committee composed of such persons, not fewer than three, as the council considers advisable and who shall hold office for such term and on such conditions as may be prescribed in the by-law, and the council of the municipality, when a vacancy occurs in the membership of the committee, shall forthwith fill the vacancy. Council is desirous to correct drainage problems for certain areas within the Municipality, and; Now therefore the Council of the Village of Port Burwell hereby immediately deliberates as the Property Standards Committee to review matters brought before it. CARRIED: A:ow: 0"0.0..., r... I THE CORPORATION OF THE VILLAGE OF PORT BURWELL P. O. Box 10. Port Burwell,Onuno NO} ITO telephone (519) 874-4343 • fax (519) 874-4948 Merrt0 Date: December 7, 1995 To: Council From: D. Free Re: Bylaw 94-22, Property Standards Bylaw Council: A. review of the above said bylaw indicates a flaw in process considering the need to deal with extenuating circumstances. To this end a proposed amendment in the form of bylaw 95-62 is attached for Councils consideration. The bylaw establishes a Property Standards Committee which would deal with circumstances that would require a hearing. Albeit a somewhat redundant process legislation requires a public and semi quasi judicial process to protect the interest of the public. More specifically we are currently in the final stages of the W. Gheysen property located. at the end of Erieus Street. We must permit for a hearing prior to the demolition and clean up of the remanent building of which Council has in the past, had concerns with. Please consider the attached at your earliest convenience. David R. Free Ends. Torn Nesbitt • Reeve David R. Free, CET AMCT(A) • Administrator/Clerk-Tr rsr Councillors • D Mason, J Hevener,G. Loucks,C.Allin The Corporation of the Village of Port Burwell PO Box 10 21 Pitt Street Port Burwell ON NUJ 1TO By-Law 95-63 Being a by-law for assigning Municipal Addressing and the numbering of buildings, etc. within the Village of Port Burwell. WHEREAS the Municipal Act, R.S.O. 1990, c. M.45, L210, p. 112 provides for numbering the buildings and lots along any highway, beach, park, reserve or any other property in the municipality that it is considered necessary to number by the council, and for affixing numbers to the buildings and for charging the owner or occupant with the expense incident to the numbering of the lot or property.. (a) Such expense may be collected in the same manner as taxes, and, if paid by the occupant, subject to any agreement between the occupant and the owner, may be deducted from the rent payable to the owner. And Whereas the Municipal Act RSO 1990, c. M.45, s.102 provides that everycouncil may pass such by-laws and make such regulations for the health, safety, morality and welfare of the inhabitants of the municipality in matters not speci/cally provided for by this Act and for governing the conduct of its members as may be deemed expedient and are not contrary to laic, and; And Whereas certain municipal roads and streets have been renamed in order permit easier access and identification for emergency services, and; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE VILLAGE OF PORT BURWELL RATIFIES AND ENACTS AS FOLLOWS: 1. That all lands and buildings shah have municipal in accordance to Schedule "A" attached hereto of this bylaw. 2. That the Administrator/Clerk-Treasurer is hereby authorized and directed to ensure that the addressing of each existing budding complies with the provisions of schedule "A". 3. That the Administrator/Clear-Treasurer provide formal notification of addressing changes are advertised through direct mailing and local media. 4. Agencies and emergency service provider affected by this bylaw are directly notified. S. This bylaw repeals bylaw 87-20. • Tkia By-law shall come into full force and effect upon the final passing thereof. Read a first an -ond time this 23rd Jay of January, 1996. AJrn istrator/Clerk- Fre rer 19. 11 if Atfrigit R. Read a third time and finally passed on this 23rd day of January, 1996. alr istr lark-Trc. rrcr 41•1411- 10, ■l 2 Village of Port Burwell Schedule 'A' of By-law 95-63 Prnnperty Addeo ill N umbL 20 Elizabeth 3402000001005080000 CON 1 PT LOT 13 RP11R3173PART1 0.23AC 100.00FR 100.00D 14 Elizabeth 3402000001005100000 CON 1PTLOT 13 RP 11R4848 PART 3 0.14AC 66.00FR 90.00D 16 Elizabeth 3402000001005120000 CON 1 PT LOT 13 RP 1184848 PART 2 0.14AC 66.00FR 90.001) 18 Elizabeth 3402000001005140000 CON 1 PT LOT 13 RP 11R4848 PART 1 0.14AC 66.00FR 90.00D 58 Elizabeth 3402000001006000000 PLAN 30 BLK NIL PT RP 11 R3508 PART 1 2.92AC 417.39FR ` 38 Elizabeth 3402000001006010000 PLAN 30 BLK NIL PT RP 11R1094 PART 1 0.20AC 66.00FR 132.00D 34 Elizabeth 301006030000 PLAN 30 BLK NIL PT RP 11R2414 PART 1 1.00AC 36 Elizabeth 3402000001006020000 Plan 30PtBpi Nil RP 1185465 Part 2 Village of Port Burwell Schedule 'A' of By-Law 95-63 Piroperty AddressRoll V urn ez 2 Elizabeth 3402000001001000000 CON 1 PT LOT 13 RP 11R3125 PART 1 191.55 X90.70X230.10X239.14 0.71AC 4 Elizabeth 3402000001002000000 CON 1 PT LOT 13 SUMMER RESIDENCE 43.5X369.5X380X66.63 0.45AC 6 Elizabeth 3402000001003000000 CON 1 PT LOT 13 SUMMER RESIDENCE 43.5X357X369.5X71.67 0.48AC 43.5OFR 8 Elizabeth 3402000(X)1004000000 CON 1 PT LOT 13 EIS ELIZABETH NIS PITT 0.92AC 10 Eliza' bath 3402000001005010000 CON 1 PT LOT 13 RP 11R1051 PART 1 94.85X90X92.88 X117.65 0.22AC 94.85FR 12 Elizabeth 3402000001005020000 CON 1 PT LOT 13 PERMANENT MOBILE HOME PARK IRREG 3.04AC 100.00FR Village of Port Burwell Schedule 'A' of By-Law 95-63 property Addrese N attain 53 Wellington 3402000001006040000 Plan 30 Pt Blit Nil RP 11 85465 Part 3 55 Wellington 3402000001006050000 PLAN 30 BLK NIL PT RP 11R2414 PART 2 1.OIAC 168.50FR 260.00D 40 Elizabeth 3402000001006100000 PLAN 30 BLK NIL PT RP 1183508 PART 2 4.87AC 638.62FR 7 Elizabeth 3402000001007000000 PLAN 30 LOT 1 SUMMER RESIDENCE 0.25AC 66.00FR 165.00D 9 Elm 3402000001008000000 PLAN 30 E PT LOT 2 0.15AC 66.00FR 100.00D 11 Elizabeth 3402000001009000000 PLAN 30 W PT LOT 2 SUMMER RESIDENCE REAR LAND 66X65X65X66 ROW OVER 12 FT LANE 0.10AC 13 Elizabeth 340200000101(]000000 PLAN 30 LOT 3 0.25AC 66.00FR 165.00D . 1 Village of Port Burwell Schedule 'A' of By-Law 95-63 Prpertr Addreu 15 Elizabeth 3402000001011000000 PLAN 30 LOT 4 • 0.25AC 66.00FR 165:OOD 17 Elizabeth 3402000001012000000 PLAN 30 LOT 5 AND RP 11R4991 PART 4 SUMMER RESIDENCE 70X 165X 164.70X70 0.27AC 70.00FR 19 Elizabeth 3402000001012080000 FT GEORGE ST CLOSED RP 11R4991 PARTS 2,3 62X 164.20X 164.73X62 0.25AC 62.00FR 21 Elizabeth 3402000001013000000 PLAN 30LOTS 6 &7 SUMMER RESIDENCE 0.46AC 120.12FR 165.00D 29 Elisabeth 340200(X)01016000000 PLAN 30 LOT 11 0.25AC 66.00FR 165.00D 31 Elizabeth 3402000001016010000 PLAN 30 LOTS 12-13 21780.00SF 132.00FR 165.00D 37 Elizabeth 3402000001017000000 PLAN 30 LOT 14 0.25AC 66.00FR 165.00D 39 Elizabeth 3402000001018000000 PLAN 30 LOT 15 '' 0.25AC 66.00FR 165.00D of Village'Ao1 Port Burwell -63 Schedule ' By-haw► 95 Property Address Ill Numb= 41 Elizabeth 3402000001019000000 PLAN 30 LOT 16 0.25AC 66.00FR 165.00D 43 Elizabeth 3402000001020000000 PLAN 30 E PT LOTS 17,18 WS ELIZABETH 0.25AC 82.50FR 132.0017 5 Hannah 3402000001021000000 PLAN 30 W PT LOTS 17,18 0.25AC 82.5OFR 1.32,00D 45 Elizabeth 3402000001022000000 PLAN 30 S PT LOT 19 SUMMER RESIDENCE 0.14AC 36.00FR 165.0017 47 Elizabeth 3402000001023000000 PLAN 30 PT LOTS 19,20 0.28AC 75.00FR 165.00D 49 Elizabeth 3402000001024)0000O PLAN 30 LOT 21 N PT LOT 20 0.33AC 87.00FR 165.00D 1 William 3402000001025000O00 PLAN 30 LOT 22 W\S ELIZABETH 0.25AC 165.00FR 66.00D �► 57 Elizabeth 34020000010280000(x) PLAN 30 LOTS 23,24,25,26 43560.005 F 264.00FR 165.0013 Village of Port Burwell Schedule 'A' of By.Law 95-63 Property Arianism Roll 1 umber 10 Victoria 3402000001030000000 PLAN 30 W PT LOT 1 SUMMER RESIDENCE 66X95X 100.9X 100 0.18AC 66.00FR 12 Victoria 3402000001031000000 PLAN 30 LOT 2 66.00FR 165.001) 16 Victoria 3402000001033000000 PLAN 30 LOTS 3,4, PT LOT 5 132XI RRX 165X 132 0.50AC 132.00FR 18 Victoria 3402000001034000000 PLAN 30 PT LOT 5 66X 165XIRRX66 0.25AC 66.00FR 20 Victoria 3402000001035000000 PLAN 30 LOT 6 0.25AC 66.00FR 165.001) 22 Victoria 3402000001035080000 PT GEORGE ST CLOSED RP 11R4991 PARTS 1,5 66X 1.64.73X 164.70X65.56 0.22AC 66.00FR 24 Victoria 3402000001036000000 PLAN 30 UNNUMBERED LOT RP 11R3629 PARTS 2 &3 65.42X 164.74X 164.73 X63.5 0.24AC 65.42FR - r • Village of Port Burwell Schedule 'A' of By-Law 95-63 Property AdAreu Egaliuttihra 26 Victoria 3402000001037000000 PLAN 30 LOT 7 RP 11 R3629 PART 1 65.41X164.74X 164.74X63.5 0.24AC 65.41 FR 30 Victoria 3402000001038000000 PLAN 30 LOTS 8 AND 4 0.5OAC 132.00FR 165.00D 32 Victoria 3402000001039000000 PLAN 30 LOT 10 0.25AC 66.00FR 165.00D 34 Victoria 3402000001040000000 PLAN 30 LOT 11 66.00FR 165.00D 36 Victoria 3402000001041000000 PLAN 30 LOTS 12 AND 13 0.5OAC 132.00FR 165.00D 40 Victoria 344)2000001043000000 PLAN 30 LOT 14 0.25AC 66.00FR 165.00D 42 Victoria 3402000001044000000 PLAN 30 LOT 15 0.25AC 66.00FR 165.00D 44 Victoria 3402000001045000000 PLAN 30 LOT 16 0254' 66.00FR 165.00D 46 Victoria 3402000001046000000 PLAN 30 LOT 17 0.25AC 66.00FR 165.00L} • Village a- Port Burwell Schedule 'A.' of By-Law 95-63 Property ArCaaEai f �umner 48 Victoria 3402000(X)1047000000 PLAN 30LOTS I8AND 19 0.50AC 132.00FR 165.001) • 52 Victoria 3402000001049000000 PLAN 30 LOT 20 0.25AC 66.00FR 165.00D 54 Victoria 340200( )10500000(X) PLAN 30 LOT 21 0.25AC 66.00FR 165.00D 56 Victoria 3402000001051000000 PLAN 30 LOT 22 0.25AC 66.00FR 165.00D 58 Victoria 3402000001052(XXXX)0 • PLAN 30 S PT LOT 23 0.17AC 44.00FR 165.00D 60 Victoria 3402000001053000000 PLAN 30 LOT 24 N PT LOT 23 0.33AC 88.00FR 165.00D 62 Victoria 3402000001054[)00100 PLAN 30 LOTS 25,26 AND 27 0.75AC 198.00FR 165.00D 66 Victoria 3402000001055010000 PLAN 30 LOT 28,29 PT 3 0 CROSS STREET CLOSED RP 11R1474 PART 3 34320.00S*° 208.00FR 165.00D Village of Port Burwell Schedule IN of By-Law 95-63 Proprty ALIArc.I Roll N;ambr 68 Victoria 34020000)1056000000 PLAN 30 PT LOT 30 CON 1 PT LOT 13 RP 11R1474 PARTS 1 &2 123.35X 168.36X 165X90.12 0.40AC 123.35FR 72 Victoria 3402(XXXX)10570000(X) CONI PT LOT 13 0.26AC 66.00FR 168.36D 74 Victoria 3402000001058000000 CON 1 PT LOT 13 RP1 I R4015 PART 1 0.34AC 90.00FR 168.36D 13 Victoria 3402000001059000()00 CON 1 PT LOT 12 OR PT UNNUMERED LOT N\S PITT RP 1184843 PART 2 143.50X 141.19X1 RRX96.45 0.36AC 143.50FR 15 Victoria 340. . 1061000000 CON 1 PT LOT 12 PT UNNUMERED LTS N\S PITT RP I I R3935 PART 2 & RP 1184843 PART 1 70.74X I RRX 132X61.5 0.19AC 70.74FR 17 Victoria 3402000001062000000 CON 1 PT LOT 12 PT UNNUMBERED LOT N\S PITT 10 RP11R3561 PT 2,RPI1R3935 Pi-1 56.3X132X132.2X59.5 • 0.16AC 56.30FR • Village of Port Burwell Schedule Al of By-Law 95-63 Property Addressr' 1 19 Victoria 3402000001062020000 CON 1 PT LOT 12 OR PT UNNUMBERED LOT N\S PITT R1511R3561 PART 1 83.3X 132.OX 132.OX86.5R 0.26AC 83.30FR 21 Victoria 3402O00001064000000 PLAN 12 LOT 17 AND CON 1 PT LOT 12 0.40AC 132.00FR 132.0OD 25 Victoria 34020000O1065000000 PLAN 12 LOT 18 0.20AC 66.00FR 132.00D 27 Victoria 3402000001066000000 PLAN 12 LOT 19 0.2OAC 66.00FR 132.00D 35 Victoria 3402000001067000000 PLAN 12 LOT 23 0.2OAC 66.00FR 132.00D r 37 Victoria 3402000001 06800000() PLAN 12 LOTS 24 AND 25 0.40AC 132.00FR 132.00D 41 Victoria 3402000001070000000 PLAN LOTS 26 AND 27 0.4OAC 132.00FR 132.00D 45 Victoria 3402(00001072000000 PLAN 12 LOTS 28 AND 2 9 0.40AC 132.00FR 132.00D t ' y Village of Port Burwell Schedule 'A' of By-Law 95-63 s Roll ti u mbar 49 Victoria 3402[x'!0001 0740000 PLAN 12 LOT 30 0.20AC 66.00FR 132.00D 51 Victoria 3402000001075000000 PLAN 12 LOT 32 0.20AC 66.00FR 132.001) Dckorab Brooks 53 Victoria 3402000001076000000 PLAN 12 LOT 33 0.20AC 66.00FR 132.001 55 Victoria 3 )1077000000 PLAN 12 LOT 34 0.20AC 66.00FR 132.001 57 Victoria 3402000001078000000 PLAN 12 LOT 35 TO 36 0.40AC 132.00FR 132.001 59 Victoria 3402000001079000000 PLAN 12 PT UNNUMBERED LOT 2.93AC 434.50FR 61 Victoria 3402000001080000000 PLAN 12 PT UNNUMBERED LOT RP 11R2554 PART 1 283.43X236.93X245.35 TRI 34447.00SF 283.43FR 5 Milton 340200 0001081000000 PLAN 12 LOTS 23-25 r PT LOTS 21,22 RP 11R2954 PART 3 VT PART 1 RP 11 R3130 PARTS 1-3 & 1183168 PART 2 1.11AC 200.23FR • I - Village of Port Burwell Schedule 'A' of By-Law 95.63 Property Address }ll N umhec 37 Milton 340200000 1084000000 PLAN 12 E PT LOT 26 0.10AC 66.00FR 66.00D 39 Milton 340200000108500(X0(X) PLAN 12EPTLOT27 0.10AC 66.00FR 66.001) 41 Milton 3402000001086000000 PLAN 12 LOT 28 0.20AC 66.00FR 132.001) • 43 Milton 3402000001087000000 PLAN 12 LOT 29 0.20AC 66.00FR 132.00D 47 Milton 3402000(X)1088000000 PLAN 12 LOT 32 0.20AC 66.00FR 132.001) 49 Milton 3402000001090000000 PLAN 12 LOT 34 0.20AC 66.00FR 132.001) 51 Milton 34.02(XXXV1090020000 PLAN 12 LOT 35 0.20AC 66.00FR 132.00D 55 Milton 3402000001091000000 PLAN 12 LOT 36 66.00X132.00 0.20AC 66.00FR 132.00D 34 Shakespeare 340201)0001094000000 PLAN 12 LOT 23 RP 11R3168 PART 1 1` 68.07X 109.67X 110.39 X67.23 R 0.17AC 68.07FR Village of Port Burwell Schedule 'A' of By-Law 95-63 Property Addrekt R "_, cher 36 Shakespeare 34020000010950000(0 PLAN 12 LOT 24 0.20AC 66.00FR 132.00D 40 Shakespeare 3402000001096000000 PLAN 12 LOT 26 0.20AC 66.00FR 132.00D 42 Shakespeare 3402000001097000000 PLAN 12 LOT 27 0.20AC 66.00FR 132.00D 44 Shakespeare 3402000001098000000 PLAN 12 LOT 28 0.20AC 66.00FR 132.00D 46A Shakespeare 34020(.X.`1001 099000000 PLAN 12 PT LOT 29 RP 11R4266 PARTS 3,4 33.14X 137.33X 137.51X33.26 0.10AC 33.14FR .46B Shakespeare 3402000001099020000 PLAN 12 PTLOT29 RP 1184266 PARTS 1,2 33.50X 137.14X 137.33X33.20 0.10AC 33.50FR 48 Shakespeare 3402000001100000000 PLAN 12 LOT 30 0.20AC 66.00FR 132.00D 50 Shakespeare 3402000001101000000 PLAN 12 LOT 32 0.25AC 66.00FR 132.00D } Village of Port Burwell Schedule 'A' of By-Law 95-63 Property AAdress Roll N e 52 Shakespeare 3402000001102000 00 PLAN 12 LOT 33 WIS MILTON • LOT 33 EIS SHAKESPEARE 0.40AC 66.00FR 264.00D 54 Shakespeare 340200000110300(XXX) PLAN 12 LOT 34 0.20AC 66.00FR 1.32.00D 56 Shakespeare 3402000001104000000 PLAN 12 LOT 35 0.20AC 66.00FR 132.00D 58 Shakespeare 3402000001105000000 PLAN 12 LOT 36 0.20AC 66.00FR 132.00D 60 Shakespeare 3402000(X)11060(10000 PLAN 12 LOT 37 0.20AC 66.00FR 132.00D 62 Shakespeare 3402000001107000000 PLAN 12 !.OT 38 0.20AC 66.00FR 132.00D 64 Shakespeare 34()2000001108000000 PLAN 12 LOT 39 5 PT LOT 40 0.22AC 74.00FR 132.00D 33 Shakespeare 3402000001109000000 PLAN 12EPTLOT27 0.10AC 66.00FR 66.00D 35 Shakespeare 3402000001110000000 PLAN 12 LOT 28,PT LOT 27 66X132&66X66 '0.30AC 66.00FR Village of Port Burwell Schedule 'A' of By-Law 95-63 j/ruperty ALYdrela i Q vumh; 37 Shakespeare 3402000001110040000 PLAN 12 LOT 29 0.20AC 66.00FR 132.00D 41 Shakespeare 3402000001111000000 PLAN 12 LOT 32 0.20AC 66.00FR 132.00D 46 Newton 344)2000001111020000 PLAN 12 PT LOT 32 0.06AC 42.00FR 66.00D 43 Shakespeare 3402000(X)1 1 1 20000 010 PLAN 12 LOT 33 0.20AC 66.00FR 132.00D 45 Shakespeare 3402000001113000000 PLAN 12 LOT 34 0.20AC 66.00FR 132.00D 47 Shakespeare 3402000001114000000 PLAN 12 LOT 35 66.0X132.00 0.20AC 66.O0FR 132.00D 49 Shakespeare 3402000001115000000 PLAN 12 LOT 36 66.00X 132.00 0.20AC 66.00FR 132.0013 51 Shakespeare 340200000111600:V00 PLAN 12 LOT 37 0.20AC 66.00FR 132:00D 6 Strachan 3402000001119000000 PLAN 12 S PT LOT 10 SUMMER RESIDENCE 0.06AC 30.50FR 90.00D Village of Port Burwell Schedule IN of By-Law 95-63 Property Address &LISAzniira 8 Strachan 34.02000001121000000 PLAN 12 N PT LOT 10 USED WITH 001-1.19.00 0.03AC 35.50FR 40.00D 14 Strachan 3402000001124000000 PLAN 197 CLOSED BROCK ST PT 0.19AC 51.00FR 165.00D 30 Strachan 3402000001125000000 PLAN 12 LOT 21 TO 25 WAS SHAKESPEARE PLAN 12 LOT 21 TO 25 ElS STRACHAN 2.25AC 330.00FR 297.00D 32 Strachan 344)2000001127000000 PLAN 12 LOT 27 0.25AC 66.00FR 165.(X)D 348 Strachan 3402000001128000000 PLAN 12 PT LOT 28 RP11R3421 PART 2 34.4 X166.75SX166.89NX33.95R 0.13AC 34.4OFR 34A Strachan 3402000001128020000 PLAN 12 PT LOT 28 RP11R3421 PART 1 34.4X 166.89SX 166.9NX33.95 R 0.13AC 34.40FR 36 Strachan 3402000001129000000 PLAN 12 LOT 29 0.25AC 66.00FR 165.00D Village ©f Port Burwell Schedule 'A' of By-Law 95-63 ProPertY 461116111 38 Strachan 3402000001130000000 PLAN 12 LOT 30 0.25AC 66.00FR 165,00D 40 Strachan 34020(XXX)1131000000 PLAN 12 W PT LOT 32 0.19AC 66.00FR 123.00D 42 Strachan 3402000001132000000 PLAN 12 LOT 33 TO 34 0.5OAC 132.00FR 165.00D 46 Strachan 3402000001133000000 PLAN 12 LOT 35 0.25AC 66.00FR 165.001) 48 Strachan 3402000001135000000 PLAN 12 LOT 36 ERS STRACHAN AND BLK NORTH OF LOT 36 119.46X 194.37X 165X217.8 0.64AC 119.46FR 9 Strachan 3402000001139010000 PLAN 12 E PT LOTS 12,13„14 RP 11R3259 PART 1 0.32AC 159.75FR 88.00D 15 Strachan 3402000001142000000 PLAN 12 LOTS 16,17 0.50AC 132.00FR 165.001) 22 Wellington 34020000)114500000 PLAN 12 PT LOTS 19,20 RP 11R3890 PART 2 0.26AC 83.29FR 137.70D village of Port Burwell Schedule 'A' of By-Law 95-63 Property At 11 ELI Sumber 25 Strachan 3402000001146000000 PLAN 12 LOT 23 0.25AC 66.00FR 165.00D 27 Sfrachan 3402000001147000000 PLAN 12 LOT 24 0.25AC 66,OOFR 165.00D 29 Strackan 3402000001148000000 PLAN 12 E PT LOT 25 0.13AC 66.00FR 82.501) 31 Strackan 3402000001149000000 PLAN 12 E PT LOT 26:27 PR 11 R4049 PART 1 68.48X 122.8X 123.3}469.55 0.19AC 68.48FR 33 Strackan 3402000001150000000 PLAN 12 E PT LOT 27 0.19AC 66.00 F R 125.001) 35 Strachan 34020000011510000(X) PLAN 12 LOT 28 0.25AC 66.00FR 165.00D 37 Strachan 3402000001152000000 PLAN 12 LOT 29 S PT LOT 30 032AC 82.50FR 165.00D 39 Strachan 3402000001153000000 PLAN 12 N PT LOT 30 0.19AC 49.50FR 165.00D 41 Strachan 34020000011540000 70 PLAN 12 LOT 31 0.25AC 66.00FR 165.001) • Village of Port Burwell Schedule 'A' of By-Law 95-63 laLCAL .N umbel( 43 Strarkan 34020000011 PLAN 12 LOT 32 PT LOT 33 67.06X 166.04X 166.03X72.58 0.25AC 67.06FR 45 Strachan 3402000001156000000 PLAN 12 PT LOT 33 RP 11R5337 PART 1 65.80X 166.03X 166.04X60.50 0.25AC 65.80FR 47 Strachan 34020000011580000(X) PLAN 12 S PT LOT 34 0.02AC 33.00FR 33.00D 6 E rieui 3402000001159000000 PLAN 12 LOT 5 E\S ERIEUS LOT 5 W\S STRACHAN LOT IS IN LAKE 0.5OAC 66.00FR 330.00D 3 Strachan 34020000011600000[)[) PLAN 12 LOTS 6 TO 10 E\S ERIEUS LOTS 6 TO 9 PT LOT 10 W\S STRACHAN 2.43AC 24 Brocit 340200000011600100(() PLAN 12 PT LOT 10 RP 11R2387 PART I 71.8 5X89.17X66.45 X 12.95 0.07AC 71.85FR 10 Erieur 3402000001161000000 PLAN 12 W PT LOT 11 0.15AC 66.00FR 90.00D Village o- Port Burwell Scheclule 'A' of By-Law 95-63 Property Address, 12 Erieus 3402000001162000000 PLAN 12 LOT 12 0.25AC 66.00FR 165.00D 14 Erieus 34020000()1164000000 PLAN 12 LOT 13 PT LOT 14 132X165XIRRX122 0.48AC 132.00FR 16 Erieus 3402000001165000000 PLAN 12 LUT 17 0.25AC 66.00FR 165.00D 18 Erieus 3402000001166000000 PLAN 12 LOT 18 E\S ERIEUS & LOT 18 W\S STRACHAN 0.50AC 330.00FR 66.00D 20 Erieus 34020000011670000(X) PLAN 12 LOT 19 0.25AC 66.00FR 165.00D 22 Erieus 3402000001168000000 PLAN 12 LOT 20 0.25AC 66.00FR 165.00D 24 Erieus 3402000001169000(XX) PLAN 12 PT LOT 23 0.O5AC 30.00FR 82.50D 26 Erieus 3402000001170000000 PLAN 12 PT LOTS 23,24 0.2OAC 72.00FR 118.00D 28 Erieus 3402000001171000000 PLAN 12 PT LOTS 24, 25 0.11AC 92.00FR 50.001) r. y Village of Port Burwell Schedule "A" of By-Law 95-63 VmprtyAddress EQIUSIWATIL 30 E nieus 3402000001172000000 PLAN 12 LOT 26 0.25AC 66.O0FR 165.001) 32 Erieu. 3402000001.173000000 PLAN 12 LOT 27 0.25AC 66.00FR 165.00D 34 Erieus 3402000001174000000 PLAN 12 LOT 28 0.25AC 66.00FR 165.00D • 36 E rieu■ 34020(0(X)11750( X)00 PLAN 12SPTLOT29 50.00FR 165.001) 381:rieus 3402000001176000000 PLAN 12 PTLOTS29,30 0.23AC 60.00FR 165.001) 40 E rieus 3402000001177000000 PLAN 12 LOT 31 N PT LOT 30 0.33AC 88.001 R 165.001 5-7 Erieu. 3402000001178000000 PLAN 12 LOT 8 PT LOT 7 • RP 11 R3556 PART 1 99.95X 165.11 X 165.11 X 100.67 0.38AC 99.95FR 3 E rieus 3402000001178020000 PLAN 12 LOT 6 PT LOT 7 RP 11 R3556 PARTS 2&3 . ,. PCL 6-1 SEC12 99X 165.11X 165.11 X99.68 0.38AC 99.00FR Village of Port Burwell Schedule 'N of By-Law 95-63 &Z© ' 9-11 Erieus 3402000001183000000 PLAN 12 LOT 12 PT LOT 13 SMALL COTTAGES AND SHED 66X 165X135XI RR 0.45AC 132.00FR 13 Erieus 3402000001185000000 PLAN 12 E PT LOT 14 0.O5AC 66.00FR 45.00D 17 Erieus 3402000001187000000 PLAN 12 LOT 18 PT LOT 19 0.28AC 76.00FR 165.001? 15 Erieus 3402000001187020000 PLAN 12 PT LOT 17 0.10AC 66.00FR 66.00D 19 Erieus 3402000001188000000 PLAN 12 N PT LOT 19 0.12AC 54.00FR 165.00D 21 Erieus 3402000001189000000 PLAN 12 E PT LOT 20 0.14AC 66.00FR 95.00D 25 Erieus 340200000119(X00(XX) PLAN 12 LUT 22 0.25AC 66.00FR 165.00D 27 Erieus 3402000001191000000 PLAN 12 LUT 23 0.25AC 66.00FR 165.00D 29 Erieus 3402000001192000000 PLAN 12 LUT 24 0.25AC 66.00FR 165.00D Village of Port Burwell Schedule 'A' of By-Law 95-63 Enaggr.A161IL 111Numbet 31 Erieu. 3402000001193000000 PLAN 12 LOT 25 0.25AC 66.00FR 165.00D 33 E rieu. 34020(x)001194000 PLAN 12 LOT 26 0.25AC 66.00FR 165.0OD 35 E rieu. 3402000001196000000 PLAN 12 LOT 27 0.25AC 66.00FR 165.0OD 37 Erieu. 3402000001197000000 PLAN 12 LOT 28 0.25AC 66.00FR 165.000 39 Ennis 34.02000001198000000 PLAN 12 LOT 29 0.25AC 66.00FR 165.001) 41 E rieu, 34020000)1199000000 PLAN 12 LOT 30 fi GORE LOT NORTH OF LOT 30 13612.00SF 220.00FR 2 Robinson 3402(Xx)00120000000() PLAN 12 LOTS 6 TO 7 ROW OVER LOT 8 132.00FR 165.001) 4 Robinson 340200000120100000 PLAN 12 PTLOT8 SUMMER RESIDENCE 0.07AC 33.00FR 87.00D , Village of Port Burwell Schedule "A' of By-Law 95-63 EziacrixAglareac 8011 Num 10 Robinson 3402000001202000000 PLAN 12 PT LOT 8 SUBJECT TO R OW ' 0.07AC 33.00FR 87.00D 6 Robinson 3402000001.203000000 PLAN 12 PT LOT 8 AND ROW SUMMER RESIDENCE 0.06AC 43.00FR 66.00D 8 Robinson 3402000001204000000 PLAN 12EPTLOT 8ROW 0.05AC 66.00FR 35.000 12 Robinson 3402000001205000000 PLAN 12 LOT 9 0.25AC 66.00FR 165.001) 2 Brock 3402000001206000000 PLAN 12 LOT 10 0.25AC 165.00FR 66.00D 16 Robinson 3402000001207000000 PLAN 12 W PT LOT 11 0.11AC 48.00FR 105.00D 18-20 Robinson 3402000001208000000 PLAN 12 LOT 12 PT LOT 11 SUMMER RESIDENCE 84X165&48X60 0.39AC 84.00FR 22 Robinson 340200000121000000() PLAN 12 LOT 13 E\S ROBINSON W PT LOT 13 'OPIS ERIEi.'S 0.30AC 66.00FR 195.00D Village of Port Burwell Schedule "A" of By-Law 95-63 PmpeltyRai Number 24 Robinson 12110000(X) PLAN 12 LOT 14 0.25AC 66.00FR 169.001) 18 Pitt 3402000001212000000 PLAN 12 LOT 15 0.25AC 66.00FR 169.00D 26 Robinson 3402000001213000000 PLAN 12 S PT LOT 16 0.12AC 39.00FR 132.00D 28 Robinson 3402000001214000000 PLAN 12 PT LOT 16,17,18 109.5X 132 & 16.5X33 16260.00SF 109.50FR 30 Robinson 3402000001215000000 PLAN 12 N PT LOT 18 8167.00SF 49.50FR 165.001) 32 Robinson 3402000001216000000 PLAN 125 PT LOT 19 0.14AC 36.00FR 165.001) 34 Robinson 34012(XXXX)1217000000 PLAN 12 PT LOT 19 1540.00SF 22.00FR 70.00D 36 Robinson 3402000001218000070010) PLAN 12 PT LOT 19,20 AND RP 11R5103 PART 1 74.45X 100XI RRX96.45 7400.00SF 74.45FR Village of Port Burwell Schedule 'A' of By-Law 95-63 Property jai N urnbei 40 Robinson 340200000121900(0000 PLAN 12 LOT 22 PT LOT 21 EIS ROBINSON NIS 'WELLINGTON 132X165X125X1RR 0.44AC 132.00FR 42 Robinson 340200000122000(X00 PLAN 12 LOT 23 66.00FR 165.00D 44 Robinson 3402000001221000000 PLAN 12 LOT 24 0.25AC 66.00FR 165.00D 48 Robinson 3402010001222000000 PLAN 12 LOT 25 0.25AC 66.00FR 165.00D 50 Robinson 3402000001224000000 PLAN 12 PT LOT 27 70.74X 139X 157X66 0.22AC 70.74 F R 52 Robinson 3402000001224020000 PLAN 12 PT LdT 26 71.95X112X 139X66 0.19AC 71.95FR 54 Robinson 340200000122500(.)00() PLAN 12 PT LOTS 28,29 PLAN D-942 PART 1 184,32X112X 140 TRI 0.19AC 184.32FR 17 Robinson 34020000012280000(N) PLAN 12 PT LOT 14 LIGHT HOUSE 1089.00SF ' 33.00FR 33.(X)D Village of Port Burwell Schedule 'A' of By-Law 95-63 Property Address Etanuaci 21 Robinson 3402000001230000000 PLAN 12 PT LOTS 12,13,14,15 RP 11R990 PART 15 42750.00SF I32.79FR 23 Robinson 3402000001231000000 PLAN 12 PT LOT 16 PT LOT 17 0.16AC 70.00FR 99.00D 25 Robinson 34(12( 0(](.X)12320100(X) PLAN 12 S PT LOT 17 ().08AC 36.86FR 99.00D 27 Robinson 3402000001233000000 01233000000 PLAN 12 N PT LOT 17 0.06AC 25.00FR 99.00D 29 Robinson 34020000012340000(X) PLAN 12 S PT LOT 18 4366.00SF 37.00FR 118.00D 31 Robinson 3402000001235000000 PLAN 12 PT LOT 18 PT LOT 19 RP 11R3474 PART 1 6136.00SF 52.00FR 118.00D 33 Robinson 3402000001237000000 PLAN 12 PT LOTS 19,20 RP 11 R4833 PARTS 1,2 8512.00SF 76.00FR 112.00D 35 Robinson 3402000001238000000 PLAN 12 N PT LOT 20 SOUTH HALF WELLINGTON ST 66X 116.67X 119X66 7788.00SF 66.00 F R Village of Port. Burwell Schedule 'A►` of By-Law 95-63 Property AJdrsj5 l NuIwr 39 Robinson 3402000001239000000 PLAN 12 PT LOT 21 & PT WELLINGTON ST CLOSED RPI 184606 PARTS 1 &2 99X119.38X 102.25X 102.10 11531.00SF 99.00FR 41 Robinson 3402000001240000000 PLAN 12 5 PT LOT 22 2450.00SF 24.50E R 100.00D 43 Robinson 3402000001241000000 PLAN 12 N PT LOT 22 3450.00SF 34.50F R 100.00D 47 Robinson 3402000001242000000 PLAN 12 PT LOTS 22 AND 23 0.08AC 40,00FR 49 Robinson 3402000001242050000 Plan 12 Pt Lot 23 0.O6 Ac 33.0 Fr Robinson (Beach area) 3402(XXXX)1243000000 PLAN 12 LOT 2 TO 5 WIS ERIEUS PLAN 12 LOT 3 TO 5 EIS ROBINSON 1.10AC 10 Brach 34020000012550(XX)00 PLAN 197 PT LOT 15 R O W PART OF BLUFF AND WATER LOT 0.06AC 45.00FR iy Village of Port Burwell Schedule 'A' of By-Law 95-63 3per,ty 8 Beach 3402000001256000000 PLAN 197 PT LOT 15 R O W RP 11R3740 PART 14 BLUFF AND REST IN LAKE WITH 1-271-00 22.50FR 40.00D 22 George 34020000012590000W PLAN 197 PT LOT 12 RP 11R4377 PART 1 PART BLUFF AND REST IN LAKE WITH 1-287-00 0.04AC 30.00FR 20 George 3402000001260000000 PLAN 197 PT LOT 12 PART BLUFF AND REST IN LAKE 0.05AC 34.00FR 18 George 3402000001261000000 PLAN 197 PT LOT 12 45X93.71 X71.87XI RR 0.O9AC 45.00FR 16 George 34720(X)001262(XX000 - PLAN 197 PT LOTS 12,14,15 ROW SUMMER RESIDENCE 45.00FR 100.00D 12 George 3402001263000000 PLAN 197 PT LOT 15 0.10AC 45.00FR 100.001 • 10 George 3402(x1000 1264000000 PLAN 197 PT LOT 15 ROW SUMMER RESIDENCE 0.21AC 45.00FR 200.00D Village 0f Port Burwell Schedule 'A' of By-Law 95-63 Property Address J oll Nurabes 36 Brock 34020(0001266000000 PLAN 197 PT LOT 15 RP 11R3740 PARTS 16,24 TO 28 0.46AC 90.00FR 34 Brock 3402000001268000()00 PLAN 197 PT LOT15RO W RP 11R3740 PARTS 15,17-23,31 SUMMER RESIDENCE 67.50FR 32 Brock 3402000O0 1271000000 PLAN 197 PT LOT 15 & PLAN 12 PT LOT 6-10 EIS STRACHAN RP 1183740 PARTS 4 TO 13 , 29&30 0.62AC 26.46FR 30 Brock 340200000127200000() PLAN 12 PT LOTS 6TO10 RP 11R1623 PARTS 4-7 & 14 RP 11R2016 PART 1 O.55AC 101.82FR 4 Strackan 34020000012730 PLAN 12 PT LOTS 6 TO 9 RP 11R1623 PARTS 1-3 241.57X73.63X73.44X227.27 0.39AC 24.1.57FR 26 Brock 34020000012740000O0 PLAN 12 PT LOT 9 RP 11R4661 PART 2 66.64X84.65X83.07X66.28 O.13AC 66.64FR .r--� Village of Port Burwell Schedule 'A' of By-Law 95-63 Property Address Ruii-Sugdzu 24 Brock 3402000001274050000 PIAN 12 PT LOT 10 RP 11R4661 PART 1 81.50 X 66.64 X 66.28 X8 3.07 0.13AC 81.50FR 22 Brock 3402000001275000000 PLAN 12 W PT LOTS 9,10 RP 11R4661 PART 3 35.50X 132.56X 132.24X35.50 0.11AC 35.50FR 20 Brock 3402000(X)1276000000 PLAN 12 W PT LOTS 9,10 0.13AC 41.25FR 132.00D 29 Brock 3402000001276980000 PLAN 12 PT LOT 11 RP 11R4719 PART 1 69.43X66X66.20X69.40 CORNER 0.10AC 69.43 F R 27 Brock 3402000001277000000 PLAN 12 PT LOT 11 RP 11R4719 PART 2 65.17X66.30X66.20X65.75 0.10AC 65.17FR 25 Brock 3402000001278000000 PLAN 12 W PT LOTS 11.12,13 SUMMER RESIDENCE 30X66 br 41.25X132 0.17AC 30.00E R Village of Port Burwell Schedule 'N of By-Law 95-63 Property Ar!Arm . 23 Brock 34020000012790000(X) PLAN 12 E PT LOT 11 E OF ERIEUS SUMMER RESIDENCE • 0.11AC 75.00FR 66.00D 21 Brock 3402000001280000000 PLAN 12 LOT 11 OFF WS ERIEUS ST 10890.00SF 165.00FR 66.00D 58 Pitt 340200000128100.1000 CON 1 PT LOT 13 PART BLUFF AND REST IN LAKE WITH 1-303-00 ACROSS ROAD 0.17AC 68.00FR 56 Pitt 3402000001282000000 CON 1 PT LOT 13 RESIDENCE 0.46AC 68.00FR 54 Pitt 3402000(X)!282010000 CON 1 PT LOT 13 GULLEY,BLUFF AND LAKE WITH 1-282-00 0.58AC 85.50FR 52 Pitt 3402000001283( 0 PLAN 197 PT LOT 1 88X202X242X78.75 0.40AC 88.00FR 50 Pitt 3402000001284000000 PLAN 197 LOT 2 PT LOT 3 120X 132.67X166.67X1+07.42 O.36AC 120.00FR • Village of Port Burwell Schedule IN of By-Law 95-63 Property Addr11. Bdl N umlec 45 George 3402000001286000000 PLAN 197 PT LOTS 2,3,4 0.11AC 43.00FR 107.42D 50 George 3402000001287000000 PLAN 197 5 PT LOT 13 RP 1184377 PART 4 36X42.18X85.83X1RR 0.06AC 36.00FR 48 Pitt 344)20000012$8000000 PLAN 197 E PT LOT 13 RP 11R78 PART 7 55X140.66X1 RRX 105.85 0.34AC 55.00FR 46 Pitt 344)2000(X)1289000000 PLAN 197 W PT LOT 13 GORE. 0.14AC 65.00FR 182.00D • 42 Pitt 3402000(X)1290000000 PLAN 197 PT LOT 15 RP 118419 PART 1 70.07X 127.91 X 160.12X74.82 0.23AC 70.07FR 44 Pitt 3402000001290010000 PLAN 197 PT LOTS 14,15 RP 11R78 PART 6 65.82X202.06X227.91 X86.54 0.35AC 65.82FR 40 Pitt 3402000001290030000 r PLAN 197 PT LOT 15 RP 11R419 PART 2 60.05X 160.12X 191.67X60 0.24AC 60.05FR 1 Village of Port Burwell Schedule 'A' of By-Law 95-63 Roll Njmbet 38 Pitt 3402000001291000000 PLAN 12 BLK CHURCH PT RPI18419PART 3 78X144.91X 177.05X78 0.29AC 78.00FR 36 Pitt 340200(XX)1292000000 PLAN 12 BLK CHURCH PT 109.56X 176.88X212.52X79.86 0.42AC 109.56FR 20 Strachan3402000001292050000 PLAN 12 PT CHURCH BLK 98.80X212.52X228.6X 157.74 0.78AC 98.80FR 34 Pitt 340200000 1293000000 PLAN 12 BLK PT CHURCH BLK RP 1 I R 3485 PART 1 115.7X61.15X66.0X 100.00 0.15AC 115.70FR 32 Pitt 3402000001294000000 PLAN 12 PT LOTS 14,15 AIS STRACHAN 0.06AC 28.00FR 99.0013 30 Pitt 3402000001295000000 PLAN 12 PT LOTS 14,15 VAS STRACHAN 0.13AC 54.50FR 99.00D 28 Pitt 3402000001296000000 PLAN 12 PT LOTS 12 TO 15 W\S STRACHAN 82.5X132 &41.25X132 .0.38AC 82.50FR Village of Port Burwell Schedule "A" of By-Law 95-63 rliissztataaim_ 11 N, ia 26 Pitt 3402000001297000000) PLAN 12 LOT 15 PT LOT 14 EIS ERIEUS 99X72.7X76X99 0.17AC 99.00FR 76.00D 20 Pitt 3402000001298000000 PLAN 12 PT MARKET SQUARE ONE FOURTH OF MARKET SQUARE WORKS DEPT STORAGE AREA 0.10AC 66.00FR 66.00D 24 Pitt 3402000001299000000 PLAN 12 PT MARKET SQUARE ONE FOURTH OF MARKET SQUARE FIRE HALL AND SERVICE BLDG 4356.00SF 66.00FR 66.00D 22 Pitt 3402000001300000000 PLAN 12 E PT LOTS 14,15 'CS ERIEUS 53X66 AND 74X66 IRR 0.19AC 53.00FR 20 Pitt 340200000 1301000000 PLAN 12 W PT LOTS 14,15 W\S ERIEUS 0.14AC 42.00FR 132.00D 5 Elizabeth 3402000001302000000 PLAN 30PTBLKA 70X190X221.72X64' ,, 0.30AC 70.00FR Village of Port Burwell Schedule IAof By-Law 95-63 ELQuabeliaidnl EQ11Nlaulara 45 Pitt 3402000001303000000 PLAN 30 BLK B PT BLK A SUMMER RESIDENCE 112.36X14431X190X101 0.39AC 112.36FR 43 Pitt 3402000,001304000000 PLAN 30 E PT LOT 1 SUMMER RESIDENCE 77.82X108X142X70 0.20AC 77.82FR 39 Pitt 3402000001305000000 CON 1 F1 LOT 12 OR PT UNNUMBERED LT NIS PITT SUMMER RESIDENCE 0.08AC 45.00FR 66.00D 37 Pitt 3402000001306000000 CON ! PT LOT 120R PT UNNUMBERED LT N\S PM. RP 11R4843 PARTS 3 &5 103,5X66X74.41X97.66 0.15AC 103.50FR 33-35 Pitt 3402000001307000(100 CON ! PT LOT 12 OR PT UNNUMBERED LOT MS PITT PT LOT 18 S\S WELLINGTON 2.57AC 31 Pitt 3402000001308000000 PLAN 12 PT UNNUMBERED BLK CON 1 PT LOT 12 135.34X162.65X184.58X122.07 0.50AC 132,00FR 165.00D Village of Port Burrell Schedule "AI ©f By-Law 95.63 1 R " , 29 Pitt 3402000(X)1 308010000 , PLAN 12 PT UNNUMBERED BLK RP 11R2149 PART 2 71.08X 165.24X 162.65X68.39 0.21AC 71.08FR 27 Pitt 3402000(X)130900000 PLAN 12 PT UNNUMBERED BLK RP 11R2149 PART 1 62.83X163.78X 165.24X68.39 0.26AC 62.83FR 25 Pitt 3402000001310000000 PLAN 12 BLK CHURCH PT 3.20AC 23 Pitt 3402000001311000000 PLAN 12 LOT 16 E\S ERIEt'S 0.15AC 99.00FR 66.00D 21 Pitt 3402000001312000000 PLAN 12 PT MARKET SQUARE ONE FOURTH MARKET SQUARE 0.1OAC 66.00FR 66.00D 21 Pitt 3402000001313000000 PLAN 12 PT MARKET SQUARE ONE FOURTH MARKET SQUARE MUNICIPAL OFFICE 4356.005F 66.00FR 66.00D 19 Pitt 34020 1314000000 PLAN 12 LOT 16 PT LOT 17 WAS ERIEUS N WEST MARKET SQUARE 0.29AC 99.00FR 132.00D Village of Port Burwell Schedule As of By-Law 95-63 RDIUS mer 17 Pitt 34020000013150000(X) PLAN 12 E PT LOTS 16,17 ERS ROBINSON SUMMER RESIDENCE O.10AC 33.00FR 132.00D 70 Wellington 3402000001316000000 PLAN 12 PT LOT 13 UNSUB TWP BLUFF,BEACH AND LAKE WITH BAYHAM 001-030-00 3.22AC 62 Wellington 3402000001317000000 CON 1PTLOT 13 SS COUNTY RD 42 4.90AC 50 Wellington 3402000001317020000 CON 1 PT LOT 13 RP11R3857 PART 1 82.84X150.00 0.28AC 82.24FR 150.00[) 5i Wellington 3402000001317040000 CON 1 PT LOT 13 RP11R3857 PART 2 82.84X 150.00 0.28AC 82.24FR 150.00D 56 Wellington 3402000001317060000 -CON 1 PT LOT 13 RP 11 84505 PART 1 ON ANG 0.34AC 98.94FR 165.00D Village of Port Burwell Schedule 'A' of By-law 95-63 Empatilidautia Roll Number 58 Wellington 3402000001317080000 CON 1 PT LOT 13 RP 11R4505 PART 2 ON ANG 0.34AC 98.94FR 165.00D 60 Wellington 3402000001317100000 CON 1 PT LOT 13 RP 11R4505 PART 3 ON ANG 0.34AC 98.94FR 165.00D 1 McCord 3402000001319000000 CON 1 VT LOT 13 PLAN RD7 PART 1 & ROW SUMMER RESIDENCE 0.35AC 66.00FR 230.00D 3 McCord 3402(X0(X)0132000(7)00 CON 1 PT LOT 13 PLAN RD6 PART 1 & ROW SUMMER RESIDENCE 0.35AC 66.00FR 230.00D 5 McCord 3402000001321000000 CON 1 PT LOT 13 PLAN RD 5 PART 1 & ROW SUMMER RESIDENCE 0.35AC 66.00FR 230.00D 7 McConl 3402000001322000000 CON 1 PT LOT 13 PLAN RD 4 PART 1 & ROW SUMMER RESIDENCE 0.35AC 66.00FR 230.001) Village of Port Burwell Schedule 'A' of By-Law 95-63 Property Address Roll Numb 9 McCord 3402000001323000000 CON 1 PT LOT 13 PLAN RD 3 PART 1 & ROW SUMMER RESIDENCE 0.35AC 66.00FR 230.00D 11 McCord 3402000001323020000 CON 1 PT LOT 13 12 FT ROW SUMMER RESIDENCE 0.29AC 66.00FR 194.00D 44 Wellington 3402000001324000000 CON 1 PT LOT 13 93.12X123.36X118.33X94.32 0.25AC 93.12FR 48 Wellington 3402000001324010000 CON 1 PT LOT 13 RP I1R576 PAR'T 1 72.46X165X194.88X66 0.27AC 72.46FR 46 Wellington 34020(XXX)13240200(X) CON 1 PT LOT 13 95.85X118.33X123.36X94.32 0.25AC 95.85FR 42 Wellington 3402000001325000000 CON I PT LOT 13 TRUSTEES FOR PORT BURWELL BOY SCOUT GROUP 149.3X118.33X131.95X148.5 18625.00SE 149.30FR • Village of Port Burwell Schedule 'A' of By-Law 95-63 Property ALUresa I:j3I1 N +mher 40 Wellington 3402000001326000000 PLAN 30LOTS 8 - 10 WWS ELIZABETH BAYHAM-PORT BURWE LL LEGION 32670.00SF 165.00FR 198.00D 36 Wellington 3402000001327000000 PLAN 12 LUT 20 S OF WELLINGTON 8712.00SF 66.00FR 132.001) 34 Wellington 3402000001328000000 CON 1 PTLOT12 0.38AC 99.00FR 165.001) 32 Wellington 3402000001329000000 CON 1 PT LOT 12 0.27AC 71.28FR 166.98I) 30 Wellington 3402000001331000000 CON 1 PT LOT 12 0.35AC 92.00FR 166.001) 28 Wellington 344)2000001332000000 CON I PT LOT 12 48.5X166.9SX1b5XIRR 0.1SAC 48.50FR 26 Wellington 3402000001333000000 CON 1 PT LOT 12 0.21AC 56.00FR 165.001) 24 Wellington 3402000101334000000 PLAN 12 LOT 20 RP 11R3890 PART 1 0.26AC 83.29FR 137.701) Village of Port Burwell Schedule 'A' of By-Law 95-63 Property/Wren i11 Numb 18 Wellington 3402000001335000000 PLAN 12 PT LOT 20 WIS ERIEUS 2904.00SF 40.00FR 66.00D 16 Wellington 3402000001336000(XX) PLAN 12 PT LOTS 19,20 W1S ERI E LTS PT LOTS 19,20 EIS ROBINSON 98X66 &67.5X30 8526.00SF 98.00FR 53 Wellington 3402000001337000000 CON 1 PT LOT 13 PLAN 30 LOT 27 W\S ELIZABETH 28.00AC 47 Wellington 34020(0)01338000000 PLAN 12 LOT 21 TO 22 W\S VICTORIA 0.40AC 132.00FR 132.00D 45 Wellington 3402000001339000000 PLAN 12 E PT LOTS 21,22 W\S MILTON , 0.20AC 66.00FR 132.00© 41 Wellington 3402000001341000000 PLAN 12 PT LOTS 21, 22 EIS SHAKESPEARE RP 11R3130 PARTS 4&5 86.93X 118.08X 118.07X86.93 0.24AC 86.93FR 37 Wellington 34002000001342000000 PLAN 12 E PT LOTS 21,22 NIS STRACI-IAN 0.25AC 82.50FR 132.00D Village of Port Burwell Schedule "At of By-Law 95-63 alarataidaccu. RA Number 35 Wellington 3402000(X)1343000000 PLAN 12 W PT LOTS 21,22 W\S STRACHAN 0.25AC 82.50FR 132.00D 33 Wellington 34020000001344000000 PLAN 12 PT LOT 21,22,23 ENS ERIE(IS 0.31AC 82.50FR 165.00D 31 Wellington 3402000001345000000 PLAN 12 PT LOTS 21,22,23 ENS ERIEIVS 0.26AC 82,50FR 135.00D 29 Wellington 3402(XX10)1346(X)0000 PLAN 12 E PT LOT 21 4092,00SF 62,00FR 66,00D 25-27 Wellington 340200040)134701(30(X)0 PLAN 12EPTLOT 21 5214.00SF 79.00FR 66.00D 23 Wellington 3402000001348000000 PLAN 12 W PT LOT 21 1320.00SF 201)0FR 66.00I) 21 Wellington 3402000(X)13490000(X) PLAN 12 PT LOT 21 IRS E R1 E I'S PT LOT 21 E\S ROBINSON GF RR 0.07AC 44.00FR 66,00D 30 Waterloo 3402000001351000000 p PLAN 12 LOT 25 EIS SHAKESPEARE 0.20AC 132.00FR 66.00D - - - ' r • Village of Port Burwell Schedule 'A' of By-Law 95-63 Property Adder. 24 Waterloo 3402000001352000000 PLAN 12 PT LOT 25 W\S STRACHAN 0.I2AC 82.50FR 66.00D 22 Waterloo 3402000001353000000 PLAN 12 PT LOTS 23,24,25 E\S ERIEUS 0.18AC 47.00FR 165.00D 20 Waterloo 3402000001354000000 PLAN 12 PT LOTS 24,25 E\S ERII:US 0.14AC 68.00FR 92.00D 31 Waterloo 3402(00001355000000 PLAN 12 W PT LOTS 26,27 W\S MILTON 0.2OAC 66.00FR 132.00D 31 Shakespeare 3402000001356000000 PLAN 12 LOT 26 0.2OAC 66.0OFR 132.0013 27 Waterloo 34()20001001357000000 PLAN 12 LOT 26 E\S STRACHAN 0.25AC 66.00FR 165.00D 25 Waterloo 3402000001358(XXXXX) PLAN 12 W PT LOTS 26&27 W\S STRACHAN 0.14AC 40.00F R 132.00D 43 Newton 34020000013590000(X) PLAN 12 LOT 30 W\S MILTON 0.2OAC 66.00FR 132.0013 • Village of Port Burwell . Schedule 'A' of By-Law 95-63 bastALAtilim u ko r' t +walasr 45 Newton 340200000136000)((X) PLAN 12 LOT 30 VAS SHAKESPEARE 0.20AC 132.00FR 66.00D 102 Robinson 3402000001362000000 PLAN 12 PT UNNUMBERED BLK 0.27AC 68.71 FR 169.28D 100 Robinson 3402000001362010000 PLAN 12 PT UNNUMBERED BLK RP 11R1662 PART 1 0.31 AC 79.89F R 169.28D 96 Robinson 3402000001363000000 PLAN 12 E PT LOT 40 90X170X118X32 0.16AC 90.00FR 94 Robinson 34020000013640000(X) PLAN 12 W PT LOT 40 ERS SHAKESPEARE 84X118X69X100 0.18AC 84.00FR 63 Shakespeare 3402000001365000000 UNNUMBERED LOT NORTH OF PLAN 12 LOT 37 W'IS SHAKESPEARE 152.32X 170X94X 132 0.40AC 152.32FR 72 Robinson 3402000001367000000 40- PLAN 0PLAN 12p�P�Ti,L�O�TS 34,35,36 M` 1S STR.Ai4 UAN 120X185X120X33 0.30AC 120.00FR • • Village of Port Burwell Schedule 'A' of By-Law 95-63 Property Address 70 Robinson 3402000001368000000 PLAN 12 W PT LOTS 34,35,36 W\S STRACHA.N 95X 120X86XI RR 0.36AC 95.00FR 68 Robinson 3402000001369000000 PLAN 12 E PT LOTS 33,34,35 E\S ERIEL'S 0.31AC 142.00FR 42 Erieus 34020(1000.137000000 PLAN 12 LOT 32 W PT LOT 33 E\S ERIEUS 0.28AC 75.00FR 101 Robinson 3402000001372000000 CON 1 PT LOT 12 397x210x140xI RR 397FR 97 Robinson 3402000001374000000 PLAN 12 LOTS 9 AND 10 132X180X14O 132 0.48AC 132.00FR 95 Robinson 3402000001375001000 PLAN 12 LOT 8 RP I1 R 1073 PART 3 65.73X 183.077184.96X64.31 0.27AC 65.73FR 93 Robinson 34020000013760000(x) PLAN 12 LOT 7 RP 11R1073 PART 2 65.73X 181.2X 183.07X64.31 0.274C 65.73FR • Village of Port Burwell Schedule `A` of By-Law 95-63 Elallatagli6111. R li wr t 91 Robinson 3402000001377000000 PLAN 12 LOT 6 RP 11R1073 PART 1 65.73X 184.69X 181.2X64.98 0.27AC 65.73FR 89 Robinson 3412000001378000000 PLAN 12 LOT 5 0.27AC 66,OOFR 180.00D 87 Robinson 3402000001379000000 PLAN 12 LOT 4 0.27AC 66.00FR 180.001) 85 Robinson 34020(X)0013800(XXXX) PLAN 12 LOT 3 0.27AC 66,OOFR 180.001) 83 Robinson 3402000001381+ 00000 PLAN 12 LOT2ANI) CON 1 PT LOT 12 RP 1184309 PARTS 1,2 & 3 72X256.78X237.2X74.15 0.37AC 72.00FR 81 Robinson 3402000001382(Xx)(30() PLAN 12 LOT 1 AND CON 1PTLOT 12 RP 11R1006 PART 1 90.21 X276.71 X256.78X8,97 0.29AC 90.21 FR 75 Robinson ' 3402000001385000000 PLAN 98 LOT 2 W PT LOT 1 AND PT LOTS 15 TO 18 GORE 1.05AC 132.00E R Village of Port Burwell Schedule "A' of By-Law 95-63 Property Aare.. Rolf tiyrnlwi 73 Robinson 3402000001386000000 PLAN 98 LOT 3 0.24AC 66.00 F R 159.721) 71 Robinson 3402000001387000000 PLAN 98 LOT 4 0.24AC 66.00FR 159.72D 67 Robinson 3402000001388000000 PLAN 98 LOTS 5,6 PT LOT 7 ERIE[.'S PT LOT 19 SIS WATER 155X 132.99X185XIRR 0.69AC 155.00FR 63 Robinson 3402000001389000000 PLAN 98 PT LOTS 8 TO 12 RP 11R2511 PARTS 1TO9 & 11 0.61 AC 59 Robinson 3402000001390000000 PLAN 98 PT LOTS 8-9 RP 11R2511 PART 10 65.62 X 4921 X 55.77X65.95 0.08AC 65.62FR 79 Robinson 3402000001391000000 PLAN 98 PT LOTS 13,14 REAR LAND SUMMER-RESIDENCE 0.23AC 2 Cowper 3402000001394000000 PLAN 12 PT UNNUMBERED LOT NORTH OF LOT 5 WS BRIDGE 90X 130X 175X82.5 0.29AC Y` V Village of Port Burwell Schedule 'A' of By-Law 95-63 a Property Address 4 Bridge 3402000001396000000 PLAN 12 LOTS 34,35,36 AND PT LOTS 5AND 6 BLK 16 PT t'NSUBDIV LOT N OF LOTS 1.40AC 10 Bridge 3402000001398000000 PLAN 12 LOT 33 70.13X128.11X145X66 0.21AC 70.13FR 5 Bridge 3402000001399000000 CON 1 PT LOT 11,12 13.69AC 78.07FR 3 Bridge 34020001400000000 CON 1 PT UNSUB LOT 11 5.72AC 176.12FR Chat „ ENS 3402000001406010000 CON 1PTLT11 ©v DF 11R990 PART 2 660X IRR 1.043 ACRES 58.75X60 0.081 ACRES IRR 1.1 ZAC 2 Chats 3402000001407000000 CON 1 PT LOT 11 437.58X202.54X430.35 TRI 1.13AC 437.58FR 4 Chatham , 3402000001408000000 - PLAN 12 PT HOTCHKISS SLK 165X282X223.4X180.64 0.95AC 165.00FR Village of Port Burwell Schedule "A' of By-Law 95-63 > umbj Plope�r Address �- 6 Chatham 3402000001409000000 PLAN 12 LOT 28 0.25AC 66.00FR 165.00D 8 Chatham 3402000001410000000 PLAN 12 LOT 29 0.25AC 66.00FR 165.00D 10 Chatham 3402000001411000000 PLAN 12 LOT 30 0.25AC 66.0OFR 165.00D 10A Chatham 3402000001411010000 PLAN 12 LOT 31 0.5OAC 66.00FR 165.00D 12-14 Chatham 3402000001412000000 PLAN 12 LOT 33 10890.00SF 66.00FR 165.00D 16 Chatham 3402000001413000000 PLAN 12 LOT 34 0.25AC 66.00FR 165.00D 18 Chatham 3402000001414000000 PLAN 12 LOT 35 0.25AC 66.00FR 165.00D 20 Chatham 34)2000001415000000 PLAN 12 LOT 36 0.25AC 66.00FR 165.00D 22 Chatham 340200000141 6000000 PLAN 12 LOT 37 0.25AC 66.00FR 165.00D Village of Port Burwell Schedule 'A' of By-Law 95-63 Property Aridress Pal Number 24 Chatham 340200000144 70000(X) PLAN 12 LOT 38 0.23AC 66.00FR 165.001 26-28 Chatham 3402000001418000000 PLAN 12 LOT 39 0.52AC 198.00FR 174.00D 34 Chatham 3402000001419000000 CON 1 PT LOT 11 RP11 R 3756 PART 1 83.66X86.65X 118.33X99.98R 0.20AC 83.66FR 1 Cowper 3402000001419020000 CON 1 PT LOT 11 RP11 R 3756 PART 23 228.86X86.65X273.51 0.21AC 228.86FR Cis E\S 340200(X)01420000000 PLAN 12 PT LOT 11 UNSUB T'WP 1.36AC Bridge E\S 34020)0001421000000 CONI PT LOT 11 R P 11R3651 PART 2 15.92AC 1159.14FR 1 Bridge 3402000001421010000 CON 1PTLOT 11 RP 11R1252 PART 1 364.89X278.5X360 TRI 1.04AC 364.89FR 60 Chatham 3402000001422000000 CON 1 PT LOTS 11,12 9.00AC Village of Port Burwell Schedule 'A' of By-Law 95-63 haandautuilizac Roll N umbel 1 Chatham 34020000 01426000000 CON IPTLOT 10 0.09AC 50.00FR 75.00D 5 Chatham 3402000001427000000 CON IPTLOT 10 UNSUBDIVIDED PT PLAN 228 53.5X 169.77X165 X93.47 0.28AC 53.50FR 7 Chatham 3402000001428000000 CON 1 PT LOT 10 0.40AC 104.78FR 165.00D 11 Chatham 34020000014310[)0000 PLAN 12 LOT 24 PT LOT 23 0.31 AC 82.50F R 165.00D 13 Chatham 3402000001432000000 PLAN 12 PT LOT 25 RP 11R2732 PART 1 0.13AC 83.37FR 66.70D 4 Burwell 3402000001432050000 PLAN 12 PT LOT 25 RP 1182732 PART 2 83.37X66.70X66.70X83.44 0.13AC 83.37FR 15 Chatham 3402000001433000000 PLAN 12 PT LOTS 26&27 RP 1184411 PART 2 79.40X83.35X83.3X79.40 CORNER 0.15AC 79.40FR } y Village of Port Burwell Schedule IN of By-Law 95-63 Property Ad 5 13urw el] 3402000001433020000 PLAN 12 PT LOTS 26#e 27 RP 1184411 PART 1 83.39X79.40X79.40X83.30 0.15AC 83.30FR 17 Chatham 3402000001434000000 PLAN 12 PT LOT 27 0.2OAC 54.00FR 165.00D 19 Chatham 3402000001435000000 PLAN 12 LOT 28 0.25AC 66.00FR 165.001 21 Chatham 3402000001436()(0(XX) PLAN 12 LOT 29 0.23AC 66.00FR 165.00D 23 Chatham 3402000001437000000 PLAN 12 LOT 30 0.25AC 66.00FR 165.00D 25 Chatham 3402000001438000000 PLAN 12 LOT 32 0.25AC 66.00FR 165.00D 27 Chatham 3402000(X)14 39000000 PLAN 12 LOT 33 VACANT LOT 0.25AC 66.00FR 165.00D 29 Chatham 340200000100 PLAN 12 LOT 34 SUMMER COTTAGE 0.25AC 66.00FR 165.001) • Village of Port Burwell Schedule IN of By-Law 95-63 Property Address 31 Chatham 3402000001445000000 PLAN 12 LOT 35 0.19AC 66.00FR 165.00D 33 Chatham 3402000001447000000 PLAN 12 LOT 36 0.25AC 66.00FR 165.65D 35 Chatham 3402000001448000000 PLAN 12 LOT 38 0.25AC 66.00FR 165.00D 37 Chatham 3402(XXXX)1449000000 PLAN 12 LOT 39 0.2SAC 66.00FR 165.00D 39 Chatham 3402000(011449000006 Plan 12 Lot 40 66.00FR 165.00D 41 Chatham 34020()000145100000() PLAN 12 LOT 41 0.50AC 66.00FR 165.00D 43 Chatham 34020(]00(}14520000X) PLAN 12 LOT 43 0.25AC 66.00FR 165.00D 45 Chatham 3402000001453000000 PLAN 12 LOT 44 0.25AC 66.00FR 165.00D 47 Chatham 340200000145400000() PLAN 12 LOT 45 SUMMER RESIDENCE 0.25AC 66.00FR 165.00D Village of Port Burwell Schedule 'A' of By-Law 95-63 1)101;jertY Address ill Number 49 Chatham 340200000145500000 PLAN 40 LOT 46 - SUMMER RESIDENCE 0.25AC 66.66FR 166.65D 51 Chatham 3402000001466000000 PLAN 40 LOT 47 0.25AC 66.66FR 166.65D 53 Chatham 3402000001467000000 PLAN 44) LOT 48 0.25AC 66.66FR 166.65D 55 Chatimun 3402000001468000000 PLAN 40 LOT 49 W\S ClIATHAM 0.26AC 66.66FR 166.65D 57 Chatham 3402000001469000000 PLAN 40 LOT 50 S PT LOT 51 0.37AC 99.99FR 166.65D 59 Chatham 3402000001470000000 CON 1 PT LOT 10& PLAN 40 LOT 52 PT 51 W\S CHATHAM LOTS 50 TO 52 E\S ADDISON COMMUNITY CENTRE BALL PARK 3.42AC 256,29FR 59 Chatham 3402000001471000000 CON 1 PT LOT 10 412.93X1369.69X1369.7X408.68 12.30AC 412.93FR 61 Chatham . 3402000001471010000 CON 1 PT LOT 10 4 I 2.92X I 369.7X1369.75X408.68 12.30AC 412.92FR Village of Port Burwell Schedule 'A' of By-Law 95-63 Ball Nor 2 Addison 340200000147 2000000 PLAN 12 LOT 21 0.25AC 66.00FR 165.00D 4 Addison 3402000001473000000 PLAN 12 LOT 22 SUMMER RESIDENCE 0.25AC 66.00FR 165.00D 6 Addison 3402000001474000000 PLAN 12 LOT 23 0.25AC 66.00FR 165.001) 8 Addison 3402000001474010000 PLAN 12 LOT 24 SPLIT FROM 1-474-00 0.25AC 66.00FR 165.00D 10 Addison 340200000147500000() PLAN 40 LOT 25 FORMER PLAN 12 O.255AC 66.00FR 165.00D 12 Addison 34020M 0001476000000 PLAN 12 LOT 26 0.25AC 66.00E R 165.000 14 Addison 3402000(X/1477000000 PLAN 12 LOT 27 0.25AC 66.00FR 165.001) 16 Addison 3402000001478000000 PLAN 12 LUT 28 0.25AC 66.00FR 165.00D 18 Addison 3402000001479000000 PLAN 12 LOT 29 .0.25AC 66.00FR 165.001) ;t ► Village of Port Burwell S+clietlule A' of By-Law 95-63 Property �x1 irio�i N um oer 20 Addison 3402000001480000000 PLAN 12 LOT 30 0.25AC 66.00FR 165.001) 22 Tennyson 34020000014810000(X) PLAN 40 LOT 32 ES ADDISON ST 0.25AC 166.65FR 66.660 24 Addison 3402000001482000000 PLAN 40 LOT 33 0.25AC 66.66FR 166.65D 26 Addison 3402000001483000000 PLAN 4() LOT 34 0.25AC 66.66FR 166.65D 28 Addison 3402000001484000000 PLAN 40 LOT 35 SUMMER RESIDENCE 0.25AC 66.66FR 166.65D 30 Addison 3402000001485000(XX) PLAN 40 W PT LOT 36 0.12AC 66.66FR 80.00D 2 Southey 340720(X)0()1486(XXXXx) PLAN 40 E PT LOT 36 SUMMER RESIDENCE 0.13AC 86.65FR 66.66D 34 Addison 3402000001489020000 PLAN 40 LOT 39 0.50AC 133.32FR 166.65D Village of Port Burwell Schedule 'A' of By-Law 95-63 Properly Address Roll Nuxnbet 32 Addison Street 3402000001489000000 Vacant lot Plan 40 Pt Lot 38 RP 11R5793 Part 2 63.2x 163.6x 1642x63.2 36 Addison 3402000001490000000 PLAN 40 LOT 40 0.25AC 66.66FR 166.65D 38 Addison 3402000001491000000 PLAN 40 LOT 41 CORNER LOT 0.25AC 66.66FR 166.651) 40 Addison 3402000001492000000 PLAN 40 LOT 43 SUMMER RESIDENCE 0.25AC 66.66FR 166.65D 42 Addison 340200000149300000[) PLAN 40 LOT 44 SUMMER RESIDENCE 0.25AC 66.66FR 166.65D 44 Addison 34()2000001400000() PLAN 40 LOT 45 SUMMER RESIDENCE 0.25AC 66.66FR 166.65D 46 Addison 34020000014950000(X) PLAN 40 LOT 46 SUMMER RESIDENCE 0.25AC 66.66FR 166.65D 48 Addison 340200000149600000() PLAN 40 LOT 47 0.25AC 66.66FR 166.65D Village of Port Burwell Schedule 'A' of By-Low 95-63 • Property Addrea' bll \i mber 50 Addison 34020000014970000(X) FLAN 40 LOT 48 0.25AC 66.66FR 166.65D 52 Addison 34020000014970200(X) PLAN 40 LOT 49 0.26AC 66.66FR 166.65I) 127 Faye 3402000001499000000 PLAN 228 LOT 127 SUMMER RESIDENCE 50X 129.3EX 123.8X50 0.14AC 50.00FR 128 Faye 3402000001500000000 PLAN 228 LOT 128 SUMMER RESIDENCE 50X 135.3EX 129.3X50 0.15AC 50.00FR 129 Faye 3402000001501000000 PLAN 228 LOT 129 SUMMER RESIDENCE 50X 141 EX 135.3X.'50 50.00FR 130 Faye 3402[X)00015020000(X) PLAN 228 LOT 130 SUMMER RESIDENCE 78X144EX141X50 0.19AC 78.00FR. 1 Libkrye 34412000001503(XXXXX) PLAN 191LOT 1ROW SUMMER RESIDENCE 50X205EXI93XIRREG 0.23AC 50.00FR Village of Port Burwell Schedule 'A' of By-Law 95-63 Property Andrea' Eati 1i umbel 2 Libbye 34020000015040000(X) PLAN 191 LOT 2 SUMMER RESIDENCE 5OX193EX181XIRR • 0.22AC 50.00FR 3 Libbye 3402000001505000000 PLAN 191 LOT 3 SUMMER RESIDENCE 50X181EX169XIRR 0.20AC 50.00FR 4 Libbye 3402000001506000000 PLAN 191 LOT 4 SUMMER RESIDENCE 50X169EX157XIRR 0.19AC 50.00FR 5lbbye 3402000001507000000 PLAN 191 LOT 5 E PT LOT 6 SUMMER RESIDENCE 75X157EX128XIRR • 0.16AC 75,00FR 6 Libbye 3402000001508000000 PLAN 191 PT LOTS 5,6 SUMMER RESIDENCE 37.5X 128X 1 I7XI RR 0.11AC 37.50FR 7 Libbye 3402000001509000000 PLAN 191 PT LOT 7 SUMMER RESIDENCE 37.5X117.0X101.OXIRR 0.09AC 37.50FR . I Village of Port Burwell Schedule 'A' of By-Law 95-63 Property Address 8 Libbye 3402000+[ 1510000000 PLAN 191 LOTS SUMMER RESIDENCE 50X 101 X74,5XI RR 0.10AC 50.00FR 9 Lienee 3402000001511000000 CON 1 PT LOT 9 SUMMER RESIDENCE 0.14AC 50.00FR 120.00D 10 Libbye 3402(X)0[ 0151.2000000 CON 1 PT LOT 9 SUMMER RESIDENCE 0.11AC 50.00FR 95.00D 11 Libbye 3402000001513(XX)000 CON 1 PT LOT 9 SUMMER RESIDENCE 40X88 &40X81 0.16AC 80.00FR 12 Libbye 34)20000015140(XXXX) CON 1 PT LOT 9 & RP 11R3034 PART 1 SUMMER RESIDENCE 0.12AC 52.00FR 1 Ashley 3402000001515000000 PLAN 228 LOT 102 SUMMER RESIDENCE 0.25AC 60.00FR 140.00D 3 Ashley 34020(xX X)1516(x)00(x) PLAN 228 LOT 86 TO 87 SUMMER RESIDENCE 95.2X204.4 E X 182..5X60 0.36AC • Village of Port Burwell Schedule of By-Law 95-63 Eutpcstaiihria JDII Number CON 1 PT LOT 12 PT LOT 13 3402000002001000000 RP I1R764 PART 1 TO 2 EAST BEACH BREAKWATER 13.60AC CON 1 PT LOT 11 3402000002002000000 PORT BURWELL HARBOUR CROWN PROPERTY PLAN T2154 59.82AC CON 1 PT LOT 11 3402000002003000000 RP I1R2446 PART 6 PT CHATHAM ST CLOSED E\S 1.10AC GAS DISTRIBUTION LINES 34020000020040000(X) THROUGHOUT MUNICIPALITY 20.00FR PORT BURWELL SUBDIVISION 34020000020070000(X) SECTION 38 OF THE ASSESSMENT ACT IRR ABANDONED RIGHT OF WAY 5.53AC PORT BURWELL SUBDIVISION 340200tX)0200705(XXX) SEC 38-ASSESSMENT ACT 8.07AC 1 Pitt 3402(00002008000000 PLAN 12 PARTS RP 11R990 PART 5 TO PART 14 IRR 7.65AC Village of Port Burwell Schedule 'A' of By-Law 95-63 1)11411:1- II1 umbt 1)1141irty�11,11Jrtb Rrs�I Ner Chitkarn E\S 3402(XX)002009000(XX) PLAN 12 PARTS RP 11R990 PART 1 IRR 4.33AC Chatham E1S 3402000002010000M) PLAN 12 PARTS RP 11R990 PART 2 IRR 3.28AC 6-8 Bridge 3402000002011000000 PLAN 12 PARTS RP 11R990 PART 3 ALSO INCLUDES 9 BRIDGE 6.00AC 9 Bridge 34020(10002012000000 CON 1 PT LOT 11 RP 11R990 PART 4 0.90AC 306.21 F R CON 1 S PT LOTS 8,9,10 34020001201300000(1 PLAN 12 PT i'NSUBDIV LOT 10 RP11 82446 PT 5,RP11 R3199 PTS 1f&2,RP11R3233 PART 1 PORT BURWELL PROVINCIAL PARK 453.62AC I THE CORPORATION OF THE VILLAGE OF PORT BURWELL P. 0 Box 10, Port Burwell. Ontario NOJ I TO telephone (519)874-4343 • fax (519)874-4948 i�lerno Date: December 7, 1995 To: Council From: D. Free Re: Municipal.Addressing system Council: As the final process to renaming our streets as permitted by Bylaw 95-50 new addresses must be assigned to the houses affected. The attached bylaw provides both the authority to readdress existing buildings and building lots in order to permit consistency and access for emergency services. The activity is best explained in the letter to a typical affected ratepayer and one of a number of affect emergency service providers. Bylaw 87-20 has assigned addresses however in what might he described as an inarticulate manner. The attached bylaw formalizes the addressing which will coincide with assessment information and our municipal GIS (geographic information systems). I would request that Council consider the attached bylaw for immediate enactment in order that publication and readdressing can occur immediately. The municipality currently has a number of "house numbers" (white metal) of which can be distributed on a first come basis without cost. Please review the attached at your earliest convenience providing your direction accordingly. David Free • Ends. Tom Nesbitt • Reeve NM R.Free, CET. AMCT(A) • Administrator/Clerk-Treasurer Councilors • D Mason,J Hevenor, G Loucks, C Alun .1)— -j,,,ePk =0) `I ?oc\ 6//7" 174,1 . r7d.W/t/ti'X O d„,,A✓,•- � Ailiw rity#4'r 0;1 /1,1,0y1 . ,,1,„,,/s: jr., r�► � rL� ,^7 "r7 freciel 7/'4 :212...41 • c 'r ' ) rr#7,14,,V '"(9;'*91 > J✓''i�' % 4riefi'erop'''e //iie' !)P-e/).91 `'e7Det'o►, 11, i:// „✓o+'-y IJ' g7 peSete.Q ' SS`,"",J5' i91 F,?© ► "` +R rrifR poe / (77,41 '`#.4•2•11 2 itkielip If 0_sic /// 1 34-02-6 • I I '5 <_RRIrw`) rr. Oa r M: :� it 1 1� A 8 Y{$�4� .t Ii t ale r r J r•.r '�_ _.._.....�...... _...�... / R i f..I 111 i ; g .i S O.' 9.. A.. 03 . 1 i r1RACNAR CI 1%wx', it i Q ►i 1i !+ s r „ • 11 : 4 C G ran . + t[, rf jti i : rsY a f . 1” a ,111.9 2.1.4. Ir 81 Ital +trrl ; .• r� lt a ! i . % Nit, A I '!4 S$AKp/SARS St I! rr ' qq ~ t YEt ► jt'f� 9 #A� r!� r,sY.'+ 'i f! . i ,1•' ¢ I • •ls9 • : l Sit . • XAll Ili fir rr I:t ' .0 a irt:i 1;1 afl J 1iE .?""iiqtr' ;4 �� 1001;. - '- WILTON St r, V VICTORIA ST. i ,i ' i,i t i► +q ,L► i t .11 f l r is Z = i•. r:r f r it ICS .Y t: 1 r:r ..';Ii. t? R;f 1 o 0 4. 't I . ;S ;4 X11-� �-R ���• ; I_._ $ _z _. +p _� [LI=A;STN T i t L i f, '° ,. I q R F l 1 / . iv 8� 1 r: < l® li !� ; P i a E ...........f...... 5 .4 Ii ii F � "dirrl 'ice i[c C 1 •r SI MA? •f # PLAN 40 al 3.15 "134 4'543 A■- w.. ... . I HOMER ST., 141 4 01-SW 1 01.454 01.414 .». - •OB I w ,A :. 51-459 lit6ai 41-Ythp1 44'40.a,'w• 01•4S ia•QSZ ,1 Viz Ae. ?DrMPER tT, "lersyr 1•.131 Or'451 '�fR•. ♦rM.6] fir • : �, °n‘"1.°°'5 47 W d1...,',ir. lit ,1.43a 01.416ti q -•°'4 ^ na•»e �a - ry p05 � 0r• Id^Wrl ...1.• l �' ••• � 1 /8.�-� �� e'�}�.- IP OUTHEY ST. 1 a-Yrp # q2-qlz i * � '• 3 it-, ,w 01•'147 1 01.415 ; _ *.4.1.4...:101//',///:::.",:,14:4k!.).\.;..;4.....0:46,:' ♦F ri{{ •�, �i r.~ver. °I r 01-449 t d-YW W ,�4r I. 4.465 :i at-'Poo t 01.41$ 1 - 0 ..r 7.." '--tip-' nr..;a,_»,, i. ; . 0/ -462 t� 01-453 ',1 al.WIZ wd 01 5 •.40 •I1` / r` .r. .. i -SJR p O- i1{NT3DN IiT, 1 Ol•4i1-GIF ♦. `'. `+r ./ 1-4pG 41-457 1 01-;u r t l \ , i4• .+ ------a▪--" -aa r-475 01.45i I 01.4x0 1=•95014.3 ,1 01.1915 I Or 1l. 1. . F1 1^47 ;/ • � w 0,-13/ 1 6 GI-•1555S I� d 405 //// a AL .,r Or-454 0r-tr1sC M456I P 4 w 41.40e r _24. r ... -• t . 01 0i-‘5•4 i r 1.471 , 2 E r • r/ ITERLQ4 -Si. • I WATERLOO ST. l+r#1- `""�gal d 7 -m 0i-kV% t . +•935 r � 01.951 3 01•itl q1-432 1 ■ w-. r =0'Fr.DI 41•.10/ {` -TAr .,.'a„----- -...,__+`-• 1-MN Q t Or-2;0 r w 0r-$t$ -1 81 0 - ..-- q_ r. .. __ - n - C war 1.471 , t • 1+14 0 01.215 qr-494 1 I-VI/ • S d•LYJ ligI. 1 . ELLINGTON ST. 4-5501 0t-0o6.- , ileWELLINGTON siT dns-. OI t15 1! 1for ° '- - I � -0,5,4 --- I 4 s+ O ?.-. 01. r. I•.ie-_ r M• -' i� �pe a#ltfAl°A'P 11MMOt/�oar Vis.9.. i rpp ...III d.tr+r ! • ' �'� M.n SH n g • 4 eF”..s I-,/_...! MS air r+lar A LOW 11.w+,1/ �J:-_. Wa1■■ M 101,1[/ . i Or.1._ �. • 01 li T Alt!,8,••- -i nz not VILLAGE OF PORT WRWELL PITT ST. , 5■.. . iiiG➢�Jr -tib ._... { I 1 may fr.• - • 310(C,j • 1 1? NluinIC• 07§ Numbering of buildings, etc -- s. 112 112. For numbering the buildings and lots along any highway, beach, park, reserve or any other property in the municipality that it is considered necessary to number by the council, and for affixing numbers to the buildings and for charging the owner or occupant with the expense incident to the numbering of the lot or property. (a) Such expense may be collected in the same manner as taxes, and, if paid by the occupant, subject to any agreement between the occupant and the owner, may be deducted from the rent payable to the owner. ;cl Canada Law Book Inc. 1995 - - - • r ��(/.r �r tt I THE VILLAGE OF PORT BURWELL BY-LAW NUMBER 87-20 Being a by-law for numbering the buildings and lots along any high- way, beach, park, reserve, or any other property in the Municipality. WHEREAS Chapter 302, Section 210, Paragraph 106 and 107 R.S.U. 1980 authorizes Council of the Corporation to affix numbers to buildings and to assign numbers to all properties and for charging the owner or occupant with the expense incident to the numbering of his lot or property. THEREFORE Council of the Corporation of the Village of Port Burwell enacts as follow: 1 . The north side of each street shall be odd numbered and the south side shall be even. 2. The west side of each street shall be odd numbered and the east side shall be even numbered. 3. The Clerk shall keep a record of the numbers of the building lots and buildings and other properties. 4 . The north south streets shall commence with zero at the lake. The east west streets shall start at zero at Addison street.. 5. Each building or house where appropriate shall have a number assigned to the front door, and shall be numbered on the street on to which the front door opens. 6 . The house numbers shall be affixed at least 1 .5 meters up from ground level and be visable. 7 . The numbers shall each be at least 10 centimeters (4 inches) measuring from the top to bottom. 8. The owner of a dwelling containing more than one residence may . 9. The numbers shall be a contrasting colour to the background that the number is affixed to. 10. After November 1 , 198? any building without the designated number affixed shall have the number offered at the direction of Council , and the cost shall be collected in the same manner as taxes , or in the case of an occupant the cost may be deducted from rent payable to the owner. This by-law to come into effect upon date of passing and all by- laws inconsistent are hereby rescinded. r� MOVED BY Vii., _ A P -•:: ONDED BY _ fir DATEC/iy Sf f 7 f/ That b -l: . . • -20 be read a first ti Read and ct r'ed. y � � ,r; MOVED BY �,k... .ar�. SECONDED B r ATE(.1'1� f That by-law n .er 87-20 be rea•,f s -''on• time. R a ng dispensed` API /1 MOVED BY ,\. L ■ SECONDED BYird A.A04...4ii, DAT3( #7 The by-law ;;':F. be read a third time. • ceding dispensed i , finally passed and carried. J " ►. • ! PORT BURWELL HOUSE NUMBERS a During September or October 1987 the Port Burwell Voluntary Fire Department will be going to all dwellings in Port Burwell to help you number your house. They will be equipped with 4 inch black vinyl letters -> and they will offer to attach these to some wooden part of your house. • You may: ( 1 ) let them put up your number with the black vinyl or (2) put up the black vinyl numbers yourself • or (3) you may put up your own numbers that you have purchased yourself • • The Firemen will not affix numbers to metal or vinyl siding. c 7 I Cr,. p j 0 _S / No 1, s ApriateIP s # 3 • s1[00a TA in. Ross 0 ic2 "Ls 7 w:!!r er+., r4 0'1 /"wt S s- �. 2 2 :�. r+1 c3F' e 1 C 2 SAS Pt very. 130,.04c .oultvow Swo,fl3+t. .� 6 S r ��► �.� �.�,� mtCo4kE% G�;i 7 4,..4 rot 3 r 4 � THE VILLAGE OF PORT BURWELL BY-LAW NUMBER 87-20 Being a by-law for numbering the buildings and lots along any high- way, beach, park, reserve, or any other property in the Municipality. WHEREAS Chapter 302, Section 210, Paragraph 106 and 107 R.S.U. 1980 authorizes Council of the Corporation to affix numbers to buildings and to assign numbers to all properties and for charging the owner or occupant with the expense incident to the numbering of his lot or property. THEREFORE Council of the Corporation of the Village of Port Burwell enacts as follow: 1 . The north side of each streetshall be odd numbered and the south side shal l be even. 2. The west side of each street shall he odd numbered and the east side shall be even numbered. 3. The Clerk shall keep a record of the numbers of the building lots and buildings and other properties. 4 . The north south streets shall commence with zero at the lake. The east west streets shall start at zero at Addison street. 5.� Each building or house where appropriate shall have a number assigned to the front door, and shall be numbered on the street , l on to which the front door opens. 6. The house numbers shall be affixed at least 1 .5 meters p from ground level and be visable. tt 7. The numbers shall each be at least 10 centimeters (4 inches) measuring from the top to bottom. 8. The owner of a dwelling containing more than one residence may add to the designated number a part digit or letter to identify e±�ch separate residence. 9. The numbers shall be a contrasting colour to the background that the number is affixed to. 10. After November 1 , 1987 any building without the designated . number affixed shall have the number offered at the direction of Council , and the cost shall be collected in the same manner as taxes, or in the case of an occupant the cost may be deducted from rent payable to the owner. PLEASE NOTIFY THE CLERK AT THE MUNICIPAL OFFICE ; IF YOU SPOT ANY ERRORS OR OMMISIONS. NUMBERING VILLAGE HOUSES House Roll number Name 0 Description Type No. 02 001 472-00 Chamberlain Brian Gordon 0 Addison E/S RU 04 001 473-00 Walton'—David John O Addison E/S RDU 0. 001 474-00 _-irlii:in_N -Amy 0 Addison E/S -IROMk' 001 475-00 Lillee Denis Eugene 0 Addison E/S VL � ' '+= 001 476-00 Gi j-lik Marg; y 0 Addison E/S HU immE 14 001 477-00 A 0 Addison E/S RU it c 16 001 478-00 Rgl son_ Rr djev Edward 0 Addison E/S RU 18Z 001 479-00 Btn' �a w .ertn e Sus nah 0 Addison E/S RU 2_ 001 480-00 a 0 Addison E/S RU ,/"� 001 482-00 H n bel 0Addison F/S RU 001 483-00 Ro 0 Addison E/S 28 001 484-00 Sh ��.3- r;; 7 i : R 0 Addison E/S RDU 11.1 001 484-00 Sm.V-24 a. iO4L 0 Addison E/S 4 - 001 489-00 Guest kp4Ad n George 0 Addison E/S RU "rm,,,,c 36 001 490-00 ou v (0 Addison E/S RU ',-T.,,.�c 38 001 491-00 0 Addison E/S 401 001 492-00 len 0 Addison E/S 7Mewl c 001 493-00 J 0 Addison. E/S RDU rm.,+r' 44 001 494-00 a y 0 Addison E/S RDU 47ig>•,t 46 001 49500 W 0 Addison E/S RU 48 001 496-00 Mur 0 Addison F/S RU . .-F 001 497-00 Sha 0 Addison E/S RU 1 1 47V ' QUO LAW 70 Ai -5-0e504. $e•4c H ST Iho4wi e]n J i o,u,q LC, N 3 444 ©a 2k2 OP w;lde(L loirheS it 4iiP 001 259-00 Lawton` Joesph __ 0 Beach N/S VL IP 001 264-00 ' y - 0 Beach N/S RDU 001 263-00 =�T=7.77,-=- �..;_.lOr 0 Beach N/S VL 001 262-00 Wi der James G ( 0 Beach N/S • RDU 18 001 261-00 Manioj onald Patr.ick 0 Beach N/S RU 4-----.444:1= 0 Beach S/S VL 001 255-0 0 Beach S/S VL o el 001 421-00 Bradfield Ronald 0 Bridge RU 0 001 400-00 Stephenson Frank Laurence 0 Bridge N/S RU 411 001 399-00 552855 Ontario Ltd. T Bridge N/S COM 001 399-00 552855 Ontario Ltd. T Bridge N/S VL t , 001 399-00 Conservation Authority 0 Bridge Nis ` (4,1 002 399-00 345990 Ontario Ltd. 0 Bridge N/S VL . 001 399-00 Elliot Jack4iiir T Bridge N/S RU 002 011 -00 345990 Ontario ltd . 0 Bridge S/S 002 011-00 345990 Ontario Ltd. Cl Bridge S/S 'C1 4 001 396-00 Brown Ralph Walter 0 Bridge W/S RU 06 002 011-00 Bradcranex inc . T Bridge S/S OT 08 002 011-00 Martin Larry Douglas T Bridge S/S OT 08 022 011-00 Martin Larry Douglas T Bridge S/S COM 001 394-00 Kenneth Reid Chatham at Bridge RU 4.1 001 276-00 Smith Robert Bruce _ 0 Brock RDU 1 001 280-00 Cooper Ernest Arthur 0 Brock N/S RU 0 001 275-00 Cookson Margaret Ann 0 Brock S/S VL 4 001 279-00 Moves John William 0 Brack N/S RDU 001 278-00 Morley Wilfred 0 Brock N/S RDU 7 27 001 277-00 Landry Florent. Joesph 0 Brock N/S RU 1/u2 001 407-00 Fulham Ronald S 0 Chatham E/S RDU VO4 001 408-00 Foster John Allan 0 Chatham E/S 6 001 409-00 McConkey Francis Wilfred 0 Chatham E/S RU 08 001 410-00 Unrau Fran? 0 Chatham E/S r2&1 001 411-01 Capitano Bernard T Chatham E/S RU 4 00I 412-00 Dubuque Helen( rest&house1 001 413-00 Axford Daniel B 0 Chatham E/S +•11 001 414-00 Remgin Development Ltd . 74_ 001 415-00 Tait James Edward 0 Chatham E/S „22 001 416-00 Calvert Robert W 0 Chatham E/S RU 01. 001 417-00 Bradt Edward Isaac 0 Chatham E/S RU 001 418-00 Spaltenburger Joesph JR 0 Chatham E/S ,r- Spaltenburger J . t 001 421 -00 Jedriak Edward 0 Chatham E/S FRU 113.4 001 419-00 Wilson Marion Gertrude 0 Chatham E/S RU PI' Reid Ken Chatham at Bridge vOl1 r,� /r' O c ^,S 1 001-426-00 0) Chatham W/S :93 001 428-00 Travis Erma Evelyn 0 Chatham W/S NIO 9 001 431-00 Smyth Marvin Charities 0 Chatham W/S 11 001-432-00 I)iannibale Waterloo at Chatham 415 001 433-00 Robinson Alice 0 Chatham W/S 7 001 434-00 Krygsman Pauline 0 Chatham W/S 1 "fp0. 19 001 435-00 Blanchet Pierre Michael 0 Chatham W/S .',►w., ,21 001 436-00 Neil. Cyril o Chatham W/S C i+c3 001 437-00 Robertson Dorothea M 0 Chatham E/S /4( ti I t5 0,,;5 ,. 6.MAIAED a LANIAR.E �/ *e25 001 438-00 C>H>M>C. [ Lemay] 0 Chatham W/S r""`.� 27 001 439-00 Hans Randell 0 Chatham W/S 14;4%L001 440-00 Verton John 0 Chatham W/S 001 445-00 Fisher Betty 0 Chatham W/S ulir 001 447-00 Young Amy Melissa 0 Chatham W/S •// 001 448-00 Mitchell Gordon W 11106141 0 Chatham W/S001 449-00 Kaufmann Geraldine 0 Chatham W/S 001 451-00 Wolf Heimrich Georzen 0 Chatham W/S 001 452-00 Diedisch Theo 0 Chatham W/S 001 453-00 Mole Donald William 0 Chatham W/S 001 454-00 Weeks Kenneth A 0 Chatham W/S 001 455-00 Rep' Helene Majewski Dee 0 Chatham W/S 1; 1 001 466-00 Allin Terry Wayne 0 Chatham W/S Vt3 001 467-00 Mole Donald Jess 0 Chatham W/S s.$,�` 001 468-00 Nickerson Betty Jean 0 Chatham W/S v° ' 001 469-00 Liberty Nancy Mary0 Chatham W/S /61 001 471-00 Spicer Allan Mervin 0 Chatham W/S RVI 0211 1MZ 001 001 -00 Jacobs Louis 0 Elizabeth E/S RDU i 001 002-00 Watson Hugh 0 Elizabeth EIS RDU y LA, 001 003-00 Carnegie Robert Eugene 0 Elizabeth E/S /0 '8 001 004-00 Mason David Charles 0 Elizabeth E/S RDU 001 005-01 Whitney Ernest 0 Elizabeth E/S RU 001 005-02 Lama Anthony 0 Elizabeth J/ 001 005-07 Gee Marlin 0 Elizabeth E/S 1e acdomlimm- Elizabeth at Wellington tin 94 001 006-01 Loucks Gordon Lee 0 Elizabeth E/S RU 1 / r 0 v` 05 001 302-00 Southhall 0 Elizabeth RU ,y1 i/07 001 007-00 Carlisle Barbara 0 Elizabeth W/S RDI; i{ ✓t lie-1 000400 ar 55EAm BE6NAR&CIAW k.6 0 Elizabeth W/S RDU td V 1 001""009.tfO- Wirral S-"44 o'c - _0 Elizabeth W/S RU 1-74713 001 010-00 Foote Sandra Joan 0 Elizabeth W/S RU ,y VI) 001 011-00 Sutherland Beverley Joan 0 Elizabeth W/S RU 01. 647 001 012-00 Wistow Chester A 0 Elizabeth W/S RDU 41.40i. 001 013-00 Lauterbach Erich Alfons 0 Elizabeth W/3 001 016-00 Caers George John 0 Elizabeth W/S VL 10 001 016-01 Port Burwell Public 0 Elizabeth W/S ?•I 7 001 017-00 Binzig Kaethe A W 0 Elizabeth W/S RU 2't- 9 001 018-00 Tribe Victoria 0 Elizabeth W/S RU 13 J, 001 019-00 Genetello Ronald Emiel 0 Elizabeth W/S RU sV4 001 020-00 Couture Stephen Joesph 0 Elizabeth RU 2 001 022-00 Durling Clarence 0 Elizabeth W/S 001 023-00 Harrell Thomas Francis 0 Elizabeth W/S VL a4 001 024-00 Martin May 0 Elizabeth W/S RU 1707 001 028-00 Smyth Norman Jack 0 Elizabeth W/S • 07$ '.42 001 243-00 Hamilton Brian T Erieus W/S COM oq 001 161 -00 Vyse Jean C) Erieus E/S RU $0 2 001 162-00 Chenz Hong Ho 0 hrieus E/S RU 3! I-44 001 164-00 Macey Bob C) Erieus E/S 32✓16 001 165-00 Hughes Douglas Elmer 0 hrieus E/S RU 331/18 001 166-00 Jenkins Blanche () Erieus E/S RDU 3(44/ .... 001 167-00 Fngolfsurd Elizabeth L 0 Erieus E/S RU . `' 001 168-00 Loucks Norman Bruce 0 Erieus E/S RU 344/24 001 169-00 Brooks Douglas Hugh 0 Erieus E/S COM 77126 001 170-00 Black Lawrence Arthur 0 Erieus EIS RU 3) 148 001 171 -00 Vanness Eileen Hazel 0 Erieus E/S RU 3910. 001 172-00 Scott Lottie Ellen 0 Erieus E/S RU w L 001 173-00 Warren John Douglas C) Erieus E/S RU sq,/34 001 174-00 Bartolacci Attilio 0 Erieus E/S RU v2 001 175-00 Vaughan Phillip P JR 0 Erieus E/S RDU X'# 8 001 176-00 Foote Bonnie Gretchen C) Erieus E/S RU y4^54- 001 177-00 Thompson Velma Eleanor 0 Erieus EIS RU �S 001 370-00 Roesch Kenneth Andrew 0 Erieus S/S ,Y40›: 00] 369-00 Foster William Arnold 0 Erieus S/S RI; 44. 001 368-00 McKibbon Stuart Marshall 0 Erieus S/S RU 8 001 367-00 Williams James Francis C) Erieus S/S RU 001 365-00 Elliott. Ernes' Jack 0 Erieus S/S RU S't 4 001 363-00 Collins Wani tn. Rose 0 Erieus S/S RU Sb/S8 001 362-00 Barber Katura I Erieus S/S 51 001 178-00 Cookson Harry R 0 Erieus W/S SZ + 001 178-00 Perry Glen George T Erieus W/S RU 01.6 001 183-00 Lemay Marion Gail n Erieus W/S y _ 001 185-00 Port Burwell Village 0 Erieus W/S VL ,t$ 001 187-00 Underhill Max 0 Erieus W/S 001 188-00 Aylmer and Malahide 0 Erieus W/S 54 001 189-00 Vincent Helen 0 Erieus W/S S7 001 190-00 Matthews Lee Burton 0 Erieus W/S 001 191 -00 Shelly Frederick Thomas 0 Erieus W/S 57 001 192-00 Manion Anne Shirley 0 Erieus W/S s.7t„,.,3-1 001 193-00 Manion Donald Patrick 0 Erieus W/S ", 001 194-00 Millard Richard Thomas 0 Erieus S /S "v1.5 001 196-00 Spaltenburger Joesph Jr 0Erieus W/S 4 1A7 001 197-00 Rep Alta McKibbon Dec 0 Erieus W/S 63119 001 198-00 Hurley Ralph Leroy 0 Erieus W/S 4 r,., 1 001 199-00 United Church of Canada- 0 Erieus W/S 001 387-00 Kinsey Orland Ross 0 Erieus N/S aGS 001 386-001 Brown Myrtle Natalie 0 Erieus N/S ill 001 385-00 Barrick Noble Clarence C) Erieus N/S " ' 001 391-00 , IDriver Gerald H7 0 Erieus N/S 61.4 001 384-00 Barrick Noble I 0 Erieus N/S G$1! 001 383-00, Barrick Noble 0 Erieus N/S - 001 382-00 Marr Kenneth Gordon 0 Erieus N/S i[-65 001 381 -00 Tremblay John 0 Erieus N/S 14/'57 001 380-00 Manion Donald Patrick 0 Erieus N/S ? 59 001 379-00 Atkins Lena Erma 0 Erieus N/S 1 001 378-00 Culver Gail Janet 0 Erieus N/S T3 3 001 377-00 Bradfield Edna Mabel 0 Erieus N/S flv 5 001 376-00 Bradfield Ralph Norman 0 Erieus N/S f ii ' 1' r 001 375-00 Bradfield Edward 0 Erieus N/S iiir 001 374-00 Brisseau Bernard Clarence 0 Erieus N/S 71-1V73 001 372-00 Granger Robert Loyall 0 Erieus N/S 128 001 500-0 i-iZrn--J- 0 Faye S/S T 1 001 502-00 . 0 Faye S/S RDU 27 001 499-00 .`` EA.'-`a .'ton 0 Faye S/S RDU 129 001 501-00 lenn 0 Faye S/S RDU 1' 50 001 287-00 Lawton Joesph 0 George W/S RU 53 001 021-00 Herzig Linda June 0 George N/S RDU L©6 h8 1 /V . tiriss.Alii Z. .'i/r set H E f 2 I G 02 001 504-00 les K' 0 Libbye S/S RDU 04 001 506-00 mes n 0 Libhye S/S RDU 06 001 508-00 eth 0 Libbye S/S RDU 08 001 510-00 r.$li1: 0 'Libbye S/S HDU 10 001 512-00 ►�e,_,s; m Thn. •r �-L 0 Libbye S/S RDU 12 001 514-00 - • . :r---- E 0 Libbye S/S RDU 01 001 503-00 -, 'I. . . ' C) Libbye S/S RDU 03 001 505-00 d 0 Libbye S/S RDU 05 001 507-00d xd 0 Libbye S/S RDU 07 001 509-00 G Gordoi'i_ 0 Libbye S/S RDU 09 001 511-00 _ 0 Libbye S/S RDU 11 001 513-00" ob 0 Libbye S/S RDU 74 v172,. 001 084-00 Croxford Edward George 0 Milton W/ 001 081-00 Neville Harvey 0 Milton W/S VL 77W; 001 085-00 Wysevelde Lidia Gregory C) Milton W/S RU lit //1-1 �01 086-00 Theoret Robert Joesph 0 Milton W/S RU 001 087-00 Toth Dorothy Mary 0 Milton W/S VL !4'. ' 001 360-00 Mathews Edgar Floyd 0 /y1"Eui'Wdni 5 Y 70 001 088-00 Jackson Earl Henry 0 Milton W/S RU * .Y 001 090-00 Smyth Wanita Eileen 0 Milton W/S VL . '- `,'" 001 091-00 Syubbs John 0 Milton W/S VL 1! 001 300-00 Manion Donald Patrick 0 Pitt S/S ll- 001 299-00 Port. Burwell Village 0 Pitt S/S 001 297-00 Shelly Frederick Thomas 0 Pitt S/S RU 'if 8. 001 296-00 Lenz Robert 0 Pitt S/S RU r "+„ 001 295-00 Kirkpatrick Kenneth Thomas° Pitt S/S RU ii 001 294-00 Scanlan Bruce Edwin 0 Pitt S/S RU 001 309-00 Vacant 7V Pitt N/S 17 - 001 293-00 Braun Johan Martens 0 Pitt S/S 6 - 001 292-00 Bock Klaus Dieter 0 Pitt S/S 1W ta J cot 273 -o6 sr I:615 Qsw0L+#! qp7" - 001 291 -00 Dyck Harold 0 Pitt S/S RU a • ! • ! . - .. . ' : 0 Pitt S/S RDU 91 40 001 290-00 dames Lorraine Marie 0 Pitt S/S qZ 001 290-00 ASO j 44, 0 Pitt S/S RDU f3 1 001 290-00 AS 0 Pitt S/S 001 289-00 ountry a o nA 0 Pitt SIS RU fi:IF" . 001 288-00 Stephenson John- Franklin 0 Pitt S/S VL Q cool $ r 8osj5+�n 4� ] -- 0 Pitt S/S ii4 pa 001 28 0 Gii 4 �iw[R�c 0 Pitt S/S RDU of IIo 001 315-00 Monaco Mario 0 Pitt N/S RDU t 001 314-00 Wolf Gerhard Gerzen 0 Pitt N/S RU Am 21' 001 312-00 Port Burwell Office 0 Pitt N/S VL h.( 001 311-00 Harris James William 0 Pitt N/S if,z. 5• 001 310-00 Anglican Church of Canada 0 Pitt N/S REL �3 - 001 309-00 Dyck Albert 0 Pitt N/S toy 9 - 001 308-00 Hawkins Florence V 0 Pitt N/S RU "5 I�.3^"' .�1 001 308-00 Scott Martin Laurence 0 Pitt N/S RU etrLl001 307-00 Barber Norman James 0 Pitt N/S COM r.70 001 307-00 Barber [Greenacres) 0 Pitt N/S 44■ ",-*-----:-•':'t-----_---_ - . . 0 Pitt N/S RDU 1 - 001 306-00 Sawyer Jack G FIRAGE 0 Pitt N/S RU liP 001 305-00 McHugh James B _ _ 0 Pitt N/S RDU to• ir to.. sesi.o6 `J`�Yv kAT,,ea:a6 CO Pitt RU I/O 001 303-00 Farlow M V Joyce 0 Pitt N/S RDU (2`I* Nis 2 001 200-00 Ross James Travis 0 Robinson E/S 04 001 201-00 Utting William Charles 0 Robinson RDU 06 001 203-00 Kettlewell Howard L 0 Robinson EIS RDU 08 001 204-00 .Hickwood Gordon K 0 Robinson F/S RDU 001 202-00 Becker Graham 0 Robinson E/S RDU 102 001 205-00 Adams E William 0 Robinson F/S RU ;r4..-he 1 , 001 206-00 Herr Richard George 0 Robinson E/S RU 40 001 207-00 McConkey Ila Pearl 0 Robinson E/S RU '&18 001 208-00 Manion Donald Patrick 0 Robinson E/S RDU 2 001 210-00 Reid Wilmot Ervin 0 Robinson E/S RU +c f #( 4 001 211 -00 Kemp Mavis 0 Robinson E/S } 001 213-00 Bradcranex Inc . 001 214-00 Frank Stephenson Food 0 Robinson E/S 3 001 215-00 Liquor Control Board Ont. 0 Robinson 001 216-00 Barrie Vincent A 0 Robinson E/S VCI 001 217-00 Stephenson Timothy Frank 0 Robipson F/S a 001 218-00 Tradewinds 0 Robinson E/S COM 001 218-00 McBride Randell Philip 0 Robinson E/S 001 219-00 Kaufman Elsie 0 Robinson E/S RU 001 220-00 Ostranders Funeral HomeLtd0 Robinson E/S ,VL 001 221 -00 Lockrey George Bennett 0 Robinson E/S RU `-"4•1 48 001 222-00 Underhill Max Edward 0 Robinson E/S 290Ce_ 2 001 224-00 Shaw Christopher R 0 Robinson E/S RU %/54 001 225-00 Martin Larry Douglas 0 Robinson E/S RU r -„---- ' i001 212-00 Port. Burwell Lighthouse 0 Robinson E/S VL 001 230-00 Hradcranex Inc. 0 Robinson W/S 001 231-00 Glover Elva 0 Robinson W/S VL ' 001 232-00 Manion Donald Patrick 0 Robinson W/S Iqf 001 233-00 Manion Donald Patrick 0 Robinson W/S ,� 001 234-00 Manion Anne Shirty 0 Robinson W/S 1/1„2„., f 001 235-00 Chalk Annie C 0 Robinson W/S '043 001 237-00 Harding Laura 0 Robinson W/S 45. 001 238-00 Canadian Imperial Bank 0 Robinson W/S va9„ 001 239-00 Toth Louis Victor 0 Robinson W/S 001 240-00 Roesch Mary Patricia 0 Robinson W/S 417001 241-00 Foster Alan Lyal 0 Robinson W/SRU 001 242-00 Braderanex Inc. 0 Robinson W/S VL El) 001 094-00 Neville Loreen 0 Shakespeare E/S VL 0? •. 001 095-00 Neville Harvey Richard 0 Shakespeare E/S r,t. x' I 001 096-00 Paterson Marion Margaret 0 Shakespeare E/S RU 113 001 097-00 Shelly Edward Brailsford 0 Shakespeare $/S „y 04' 001 098-00 Mathews Kenneth Malcolm 0 Shakespeare E/S RU n001 100-00 Alward Harry Owen 0 Shakespeare E/S RU oi. 001 101-00 Smith Kenneth Edward 0 Shakespeare E/S RU isi 001 102-00 Crocker Gordon Leonard 0 Shakespeare E/S h7%-"14 ' 001 103-00 Smyth Wanita Eileen 0 Shakespeare E/S `iscnv- 5 001 104-00 Stafford Lloyd 0 Shakespeare E/S RU 4 ,fa7 001 105-06 Smith Carl L 0 Shakespeare E/S RU yrs 001 106-00 Nickerson Wayne 0 Shakespeare E/S 001 107-00 Dyck Johan 0 Shakespeare E/S VI. 42- . _ 001 108-00 Charlton John 0 Shakespeare E/S RU ,L1c. i 001 356-00 Blyth Charles Pennycook 0 Shakespeare W/S RU lta 001 109-00 Ross Donald 0 Shakespeare W/S RU 0.- 001 110-00 Smyth Jack Norman 0 Shakespeare W/S VI,. ra3 001 111-00 Mathews Edgar 0 Shakespeare W/S lay( k 001 112-00 Hawick Gordon 0 Shakespeare W/S RE] . 001 113-00 Tate Larry Sorbie 0 Shakespeare W/S VL 1479 001 115-00 Granger David Loyall 0 Shakespeare W/S RU r4y51 001 116-00 Fehr Mary 0 Shakespeare 02/ - ►t-4 0 lawth5 ILUse.. 0 Southey 5/S RU 001 119-00 Kanter Hans 0 Strachen E/S RDU - �0 001 273-00 Kanter Hans 0 Strachen E/S VL 127 001 268-00 Stock Susan 0 Strachen E/S RDU 001 266-00 Murphy Anthony F 0 Strachen EIS RDU I2$ /44 001 124-00 Brisseau Lenard Edward 0 Strachen E/S RU •11" 47 K/e, Ai .--- �.r'14 51: t f'f r`/k.' 040 001 125-00 Elgin County Board 0 Strachen E/S EDN � � 2 001 127-00 Wilson Clifford Ellis Jr 0 Strachen E/S RU l�r �� 4,2 001 128-00 Baron Horst Guenter 0 Strachen E/S VL 001 129-00 Waite Murray 0 0 Strachen E/S RU' r; - 001 130-00 Hamm Abram W 0 Strachen E/S RU Ii 001 131-00 Brady Murray Graham 0 Strachen E/S RU 13 , 2_).„, 001 132-00 Brown Bertha Alvina -0 Strachen F/S RU r34 001 133-00 Roy Paul John 0 Strachen F/S RU r7A. 001 135-00 Brooks Douglas Hugh 0 Strachen E/S RU 03 001 160-00 Port Burwell Village T Strachen W/S RU /31e- 001 139-00 Guenther Susana 0 Strachen W/S RU /3 * 001 142-00 Epple Edwin Frank 0 Strachen W/S 001 145-00 Stephenson Frank Laurence 0 Strachen W/S VL 001 146-00 Gheysen William 0 Strachen W/S RU IYd 001 147-00 Bucheski Philip 0 Strachen W/S RU rt2.. 001 148-00 Elliot Ernest Wayne 0 Strachen W/S RU K13 I 001 149-00 T n Mary Elenor 0 Strachen W/S RU rvY ( 001 150-00 urke Davi ~ 0 Strachen W/S 111111Pri5 001 151-00 Hayward Mary Helen 0 Strachen W/S RU I'{4E 001 152-00 Loewen Anna 0 Strachen W/S RU rY] 001 153-00 Manion Donald 0 Strachen W/S 001 154-00 Manion Donald Patrick 0 Strachen W/S VI Itf}11, 3 / 001 155-00 Blenkinsop Harold C 0 Strachen W/S RU tirri `=45 - 001 156-00 Dohnt Karl Henry 0 Strachen W/S RDU irop41 001 158-00 Dye Shirley A 0 Strachen W/S RDU 22 001 481 -00 Muzzin Luigi Gino 0 Tennyson N/S RDU 151 r 001 030-00 Norman Robert Rowan 0 victoria E/S RU �` 001 031 -00 Farlow John Robert 0 Victoria E/S VL fS a 001 033-00 Proud Jan Robert 0 Victoria E/S RU !S 38 001 034-00 Brown Helena Grace 0 Victoria E/S RU rfY 001 035-00 Dohland Anne 0 Victoria E/S E'er 001 036 -00 Parsons Edna M 0 Victoria. E/S VL P5c 1o4 001 038-00 Smithson Donald C 0 Victoria E/S RU rcc :3.1 001 039-00 Caers George John 0 Victoria E/S RU 001 040-00 Caers George John 0 Victoria E/S VL IS AAP 001 041-00 Gillis Carl Leo 0 Victoria E/S �� 001 043-00 Wilson Thomas Lee 0 Victoria E/S RU '13 001 044-00 Shelly Kathleen 0 Victoria E/S RU ifi 001 045-00 Rep Beula A Ireland Dec 0 Victoria E/S ii0 001 046-00 Redekop Abraham 0 Victoria EiS RU •E 001 047-00 Eveland Ross Albert 0 Victoria E/S r` 2 001 049-00 Boyd Wanda Lucille 0 Victoria E/S RU 001 050-00 Toth Louis Victor 0 Victoria E/S VL rc3r 6 001 051-00 Roloson John 0 Victoria E/S �i lFh/58 001 052-00 Gibbons Randy Chester 0 Victoria E/S RU 4 60-r 001 053-00 Brandt 0 Victoria E/S RU _ . , -14P11,1! 62 001 054-00 Smyth Jack Norman 0 Victoria E/S RU ILy ion 001 055-00 Laemers Trucking Ltd U Victoria E/S 6.P 001 056-00 Wolfe Morley Franklin 0 Victoria E/S RU l,GriwOr2 001 057-00 "Taylor Bonnie Rose U Victoria E/S RU icc1.44 001 058-00 McCord John Maxwell 0 Victoria E/S K,,t„/F8 Bayham McCord Farms 0 Victoria E/S /41,04/1 1 1 001 059-00 Webster dillagaW 001 061-00 Brown Vicilet Frances 0 Victoria W/S RU j es4717 001 062-00 Parsons Edna 0 Victoria W/S RC ,t 2 1 001 064-00 Philips //025- 001 065-00 Claus Morley Harry 0 Victoria W/S RU F/,yw0= 27 001 066-00 Travis James Lee () Victoria W/S RU _ 001 067-00 Langstaff Grace W> nnifred Cf Victoria W/S RU 41117 24.,11 3^ 001 068-00 Miller David `T Victoria RU "'V (101 068-00 Brown Ralph t) Victoria W/S .1 1f 001 070-00 Stewart Madeline Florence (1 Victoria W/S RU .7(1,-1S 001 072-00 Suderman Anton 0 Victoria W/S r70✓49 001 074-00 Chretien William 0 Victoria W/S blAwv00.51 001 075-00 McCord David John ' 0 Victoria W/S RU /rif..00-5;1 001 076-00 Eveland Frank Stanley 0 Victoria W/S inn 5 001 077-00 kedekop Peter W 0 Victoria W/S RU f - . - 001 078-00 Stubbs John 0 Victoria W/S RC 59 001 079-00 Mooney John G T Victoria W/S RU r "9 001 079-00 Roman Catholic Episcopal 0 Victoria W/S /to 1 001 080-00 Leatherdale C Larry T Victoria W/S C09 I: 001 354-00 Durlr,ng Clarence David 0Waterloo S/S 'U 001 353-00 Hoshal Harold Harvey 0 Waterloo S/S RU 'S 24 001 352-00 Anderson Steven Douglas 0 Waterloo S/S RU ' if001 351-00 Scanlan Mabel Pearl 0 Waterloo .S/S RU ,,25 001 358-00 Ronson W J Reginald 0 Waterloo N/S /1m/27 001 357-00 Marr Doug % 0 Waterloo t0'fIVd1 001 355-00 McCurdy Ralph Ivan 0 Waterloo N/S VL • /�a �1 001 336-00 Kwarciany Richard 0 Wellington S/S /sf 0 , 001 335-00 The Aylmer & Malahide 0 Wellington S/S tf* ,P+►I 4 001 168-00 Loucks Norman (l Wellington rti : 001 334-00 Stephenson John Ernest 0 Wellington S/S RU 1f2 001 333-00 Shelly George Brian T Wellington S/S RU /r? 6 001 333-00 Canada Mortgage Housing C) Wellington S/S ,r 001 332-00 Toth Dorothy Mary 0 Wellington S/S RU ft 30 001 331-00 Kerr Alastair Innes 0 Wellington S/S RU3 iafg00152f'0 001 329-00 Scanlan Arthur George 0 Wellington S/S RU 34 '001 328-00 Barber Norman James , 0 Wellington S/S OT 01D 'f pa rqp 1Rhuw+4CF. 4 I 9 V, $ 001 327-00 Caers George John 0 Wellington S/S Cori. V40 001 326-00 Port Burwell Bayham 0 Wellington S/S OT I'7 42- 001 325-00 Tait Wilfred b Wellington S/S OE ifgw44 001 324-00 Durling Clarence William 0 Wellington S/S RI. ,•t,6 001 324-00 Nesbitt Thomas Allen 0 Wellington S/S RU u8 001 324-00 Croxford Allen 0 Wellington S/S RDU • 50e 001 323-00 Burleigh Gary Ernest 0 Wellington S/S RDU 52 001 323-00 Flick Margaret 0 Wellington S/S 54 - 001 322-00 Robertson Carl Alexander 0 Wellington S/S RDU 5& 001 321-00 Roberts Robert Nelson 0 Wellington S/S RDU 58 001 320-00 Karn VeragaG 0 Wellington S/S HOU '26Ow 001 319-00 Skelton John Robert 0 Wellington S/S RDU Zoq/ 1 001 349-00 Manion Donald Patrick 0 Wellington N/S 001 348-00 Durst. Paul 0 Wellington N/S 001 347-00 Stewart Madeline Florence 0 Wellington N/S 7 001 347-00 Public Works Canada T Wellington N/S FG 2oZOS 001 346-00 Port Burwell Village T Wellington N/S 1.G ;/' 1 001 345-00 ‘arty Elwood Robert 0 Wellington N/S RU -y�a' 001 344-00 Kindy Norman Gerald 0 Wellington N/S RU lra� 001 343-00 Hendrick Norman Albert I Wellington N/S RU ,47 001 342-00 Underhill Max Edward 0 Wellington N/S 001 341-00 Van Beers Michael 0 Wellington N/S RU 001 340-00 Port Burwell Village 0 Wellington N/S VL 001 339-00 Redmond Aubrey Daniel 0 Wellington N/S RU 47 001 338-00 Elliot James Wright 0 Wellington N/S 1/53 001 338-00 Scanlan V Wellington N/S RU 14{„44,N_55 001 006-05 Todd Norman Burl 0 Wellington N/S RU . ... 01 R o i"t/ fit o f O.sb A,+ to )41-f poi rrI'W 0 i The Corporation of the Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell, Ontario By-Law 95-64 Being a By-Law to enter into an agreement with Bradcranex Incorporated for the supply and installation of two Fire Hydrants within the Village of Port Burwell. WHEREAS the Municipal Act, RSO, 1990 c. M45, s 102 as amended gives powers to every council to pass such by-laws and make such regulations for the health, safety, morality and welfare of the inhabitants of the municipality in matters not specifically provided for by this Act and for governing the conduct of its members as may be deemed expedient and are not contrary to law, and; Whereas Corporation of the Village of Port Burwell is desirous to enter into the attached Agreement forming Schedule "A", with Bradcranex Incorporated for the supply and installation of two Fire Hydrants within the Village of Port Burwell. Read a first and second 'me this 9th day of January, 1996. i Re. . Ad. inistratorJClerh-Treasurer Read a third time i .,finally pas. this 9th day of January, 1996. eeve Ad rator/Clerk-Treasurer 1 AGREEMENT THIS AGREEMENT made in triplicate this 9th day of January, 1996. BETWEEN BRADCRANEX INCORPORATED of Port Burwell in the County of Elgin and Province of Ontario. Hereinafter call the "Contractor" THE PARTY OF THE FIRST PART and THE CORPORATION OF THE VILLAGE OF PORT BURWELL hereinafter called the "Municipality" THE PARTY OF THE SECOND PART WITNESSETH, that the party of the first part, for and in consideration of the payment or payments specified in the request for quotation for this work, the contractor hereby agrees to furnish all necessary machinery, tools, equipment, supplies, labour and other means of construction and, to the satisfaction of the Administrator/Clerk-Treasurer, to do all the work as described hereafter, furnish all the materials except as herein otherwise specified, and to complete such works in strict accordance with the plans, and Tender therefore, which are identified and acknowledged in the Plans attached to the Tender and all of which are to be read herewith and form part of this present Agreement as fully and completely to all intents and purposes as though all the stipulations hereof have been embodied herein. DESCRIPTION OF WORK Supply and Installation of Two AVK Dry Barrel Fire Hydrants within the Village of Port Burwell. IN CONSIDERATION WHEREOF, Said party of the second part agrees to pay the Contractor for all work done, the fixed price in the amount of$7,125.00. This agreement shall ensure to the benefit of the Municipality and the binding upon the heirs, executors, administrators and assigns of the parties hereto. .1 IN WITNESS, WHEREOF, the Contractor and the Municipality have hereunto signed their names and set their seals on the day first above written. Signature of Corporation Signature of Contractor or witnesses &position held Seal of the Corporation Corporation of the Village of Port Burwell Post Office Box #10, 21 Pitt Street Port Burwell • NOJW F4%41 / /AV I' Seal of the Municipal Corporation Ad rator/Clerk-Treasurer • • 2 • AGREEMENT THIS AGREEMENT made in triplicate this 9th day of January, 1990. BETWEEN BRADCRANEX INCORPORATED of Port Burwell in the County of Elgin and Province of Ontario. Hereinafter call the"Contractor" THE PARTY OF THE FIRST PART and THE CORPORATION OF THE VILLAGE OF PORT BURWELL hereinafter called the"Municipality" THE PARTY OF THE SECOND PART WITNESSETH, that the party of the first part, for and in consideration of the payment or payments specified in the request for quotation for this work, the contractor hereby agrees to furnish all necessary machinery, tools, equipment, supplies, labour and other means of construction and, to the satisfaction of the Administrator/Clerk-Treasurer, to do all the work as described hereafter, furnish all, the materials except as herein otherwise specified, and to complete such works in strict accordance with the plans, and Tender therefore, which are identified and acknowledged in the Plans attached to the Tender and all of which are to be read herewith and form part of this present Agreement as fully and completely to all intents and purposes as though all the stipulations hereof have been embodied herein. DESCRIPTION OF WORK Supply and Installation of Two AVK Dry Barrel Fire Hydrants within the Village of Port Burwell. IN CONSIDERATION WHEREOF, Said party of the second part agrees to pay the Contractor for all work done, the fixed price in the amount of$7,125.00. This agreement shall ensure to the benefit of the Munikipality and the binding upon the heirs, executors, administrators and assigns of the parties hereto. 1 IN WITNESS, WHEREOF, the Contractor and the Municipality have hereunto signed their names and set their seals on the day first above written. Signature of Corporation Signature of Contractor or witnesses & position held Seal of the Corporation Corporation of the Village of Port Burwell Post Office Box #10, 21 Pitt Street Port Burwell ON NOJ 1T0 /4ir,0 r Seal of the Municipal Corporation A. istrator/Caeriz-Treasurer 2 AGREEMENT THIS AGREEMENT made in triplicate this 9th clay of January, 1996. BETWEEN BRADCRANEX INCORPORATED of Port Burwell in the County of Elgin and Province of Ontario. Hereinafter call the "Contractor" THE PARTY OF THE FIRST PART and THE CORPORATION OF THE VILLAGE OF PORT BURWELL hereinafter called the"Municipality" THE PARTY OF THE SECOND PART WITNESSETH, that the party of the first part, for and in consideration of the payment or payments specified in the request for quotation for this work, the contractor hereby agrees to furnish all necessary machinery, tools, equipment, supplies, labour and other means of construction and, to the satisfaction of the Administrator/Clerk-Treasurer, to do all the work as described hereafter, furnish all the materials except as herein otherwise specified, and to complete such works in strict accordance with the plans, and Tender therefore, which are identified and acknowledged in the Plans attached to the Tender and all of which are to be read herewith and form part of this present Agreement as fully and completely to all intents and purposes as though all the stipulations hereof have been embodied herein. DESCRIPTION OF WORK Supply and installation of Two AVK Dry Barrel Fire Hydrants within the Village of Port Burwell. IN CONSIDERATION WHEREOF, Said party of the second part agrees to pay the Contractor for all work done, the fixed price in the amount of$7,125.00. This agreement shall ensure to the benefit of the Municipality and the binding upon the heirs, executors, admit strators and assigns of the parties hereto. 1 r • r IN WITNESS, WHEREOF, the Contractor and the Municipality have hereunto signed their names and set their seals on the day first above written. Signature of Corporation Signature of Contractor or witnesses &position held Seal of the Corporation Corporation of the Village of Port Burwell Post Office Box #10, 21 Pitt Street Port Burwell ON NUJ 1TO Seal of the Municipal Corporation ter-^-• Adm', rator/ClerL-Treasurer F 2 t of PORT 8, a`' f r THE CORPORATION OF THE AIIIONIIIIIIIII VILLAGE OF PORT BURWELL P.O.Box 10.Port Burwell.Ontario NOJ ITO o '� telephone(519)874-4343 • fax(519)874-4948 ftilik oisa '4=0 4 PORTIA REFUG►U►I Memo To: Council From: D. Free Re: Bradcranex - Installation of Fire Hydrants Date: January 5, 1996 In the flurry of Christmas Holidays and attempting to complete year end projects I was personally remiss in attending to a By-Law and contractual agreement with regards to the supply and installation of fire hydrants at strategic locations within the municipality. These fire hydrants were installed as a measure of additional fire protection in areas which were absent of adequate water supply. Under the provisions of the Purchasing By-law the scope of work was properly tendered and we received only one return tender from Bradcranex. The price that was quoted was below the estimated budget of the project, therefore in the absence of comparative prices from other contractors it seemed that Bradcranex s tender should he accepted. Please.accept my apologies in this matter and consider the attached by-law. D. Free • a David R.Free,CET,AMCT• Administrator/Clerk-Treasurer 5198744313 f l BRADCRAN EX INC. P.O. 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