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Port Burwell By-Laws 1996
Page 14 - Procedural By-law dededaratonn of 4.11.20 Every member of Council shall declare any conflict of interest, and state interestconflict f that conflict in accordance with the Local Government Disclosure of Interest Act, R.S.O. 1990 Chapter M50 and amendments thereto and shall not vote upon or discuss such business and all leave the room in accordance with the Act. lord Mayor may 4.12.1 The Lord Mayor or the Presiding Officer except where he is disqualified to vole on any motion vote by reason of interest or otherwise, may vote with the other members on all questions, and except where otherwise expressly provided by any Act, any question on which there is an equality of votes shall be deemed to be negative. member muss 4.12.2 Except where he is disqualified to vote by reason of interest or otherwise, vote unless codotherwise where a division is taken upon the election of a Presiding Officer, upon the appointment of an officer of the Corporation or upon by-law, resolution or for any other purpose when requested by a member of Council, each member present shall announce his vote openly and individually, and the Clerk shall record it if requested. no vote by eau« 4.12.3 No vote shall be taken by ballot or by any other method of secret voting and every vote so taken is of no effect. tomember refusing 4.12.4 Every member present in the Council Chamber,when a question or motion veeme tole in se,of is put, shall vote thereon unless excused by the Council (in which case a Municipal Mx motion must be made to that effect) or unless he/she be personally interested in the question or motion in a manner which lawfully prevents such member from voting or the question or motion may result in a personal pecuniary interest for such member or is peculiar to such member and not in common with the interest of the citizens at large and in all cases such member shall disclose such interest and shall not vote and the fact of his not voting and the reason therefore shall be entered upon the minutes; and if any member present persists in refusing to vote and is not excused by the Council or for the reasons hereinbefore stated,he/she shall be recorded as voting in the negative on the question or motion before Council. «d Mayor to 4.12.5 The manner of determining the decision of the Council on a motion shall determine how oO1°10 be be at the discretion of the Lord Mayor and may be by voice, show of taken hands, standing or otherwise. request for 4.12.6.1 A member may request a recorded voted immediately before or recorded vote immediately after a decision of the Council upon any question, motion or matter, the names of those who vote for and those who vote against the question, motion or matter shall be entered upon the minutes. Page 15 - Procedural By-law when a.ola has 4.12.6.2 When a member present requests a recorded vote, all members present lo wooded at the Council or Committee meting must vote in alphabetical order otherwise prohibited by statute. The names of those who voted for and others who voted against shall be noted in the minutes. The Clerk shall announce the results. • Page 16 - Procedural By-law 5. COMMITTEE OF THE WHOLE motion 10 sit as 5.1 A motion to resolve the Council into a Committee of the Whole shall state Commitee of the whole must stale the proposition, p p nes to be matter or question to be considered and reported upon. ma considered Committee ot Whole meeting he 5.2 Committee of the Whole meetings shall be open to the press except for to be openmatters pertaining to court action on litigation, committee appointments, ppointments, personnel, salary negotiations, discussions regarding the acquisition of property and other matters of a confidential nature considered to be protective to the welfare of the Municipality. Lord Mayor may 5.3 Whenever a motion to resolve the Council into a Committee of the Whole chair Committee of the whole is decided in the affirmative, the Lord Mayor may appoint a Chairman for the Committee of the Whole from among the members present and shall immediately leave the Chair. Chairman of 5.4 Whenever the Council is resolved into Committee of the Whole, the Committee of the PowershofsLord appointed Chairman shall take charge of the proceedings immediately and, Mayor for the purpose of maintaining order in committee,shall have all the powers of the Lord Mayor and shall report the proceedings to Council. inomotion to` ad 5.5 No proposition, matter or question shall be considered in Committee of the W„Commbe. Whole except as provided in the motion resolving the Council. discussed rules for 5.6 The rules of the Council, so far as the same may be applicable, shall be Committee of the "'f10le observed in Committee of the Whole, except that no motions shall require a seconder, no motion for recorded votes are permitted, no motion for adjournment shall be allowed and no member shall be limited in the number of times of speaking to any proposition, matter or question being discussed by the said Committee. a motion at 5.7 A motion to rise and report back to the Council or a motion to rise without any time reporting may be made at any time and shall be put, forthwith, to the meeting by the Chairman and decided without debate. recorded vote 5.8 A proposition, matter or question in a report on any by-law or amendment only to be reported thereto, which by-law requires by law a vote of a stated number of the members of Council or a fraction thereof shall be included in the report only if and when carried by such a vote. Page 17 - Procedural By-law pones a order t° t»decoded W 5.9 Points of order arising in Committee of the Whole shall be decided by the CMmran but may he Chairman, subject to an appeal to the Lord Mayor, in person, and in the appealed to Lord Mayortord event of any disorder arising in Committee the Lord Mayor shall resume Mayor to resume Char d"dn9 any the chair without any motion being put therefore. disorder ComnVtee a the 5.10 After the report has been received by Council, the by-law shall be open to Whole report on by-law open to debate and amendment before it is ordered to a second or third reading as debate the case may be. moron 10 rue 5.11 A motion in the Committee of the Whole to arise without report shall always without report p y be in order and shall take precedence over any other motion, and on such motion, a debate shall be allowed, and on an affirmative vote the subject referred to the Committee shall be considered as disposed of in the negative. • Page 18 - Procedural By-law 6. COMMITTEES OF COUNCIL 6.1 There shall be four standing Committees of Council, namely: for standing °°"'net'aeS 1. The Corporate Service Advisory Committee 2. The Planning & Development Advisory Committee 3. The Public Works Advisory Committee 4. The Parks & Recreation Advisory Committee which shall be appointed at the Inaugural meeting of Council or at a subsequent meeting of Council. 6.2 There shall be a Personnel Committee of Council which will be comprised of all Members of Council and chaired by the Lord Mayor. 6.3. The Lord Mayor and all members of Council are members of each standing committee. duties of al 6.4 The general duties of all committees of Council are as listed in Schedule wrrvrwtees "A" attached and in addition to any specific duties as herein prescribed, or as may be set out by further resolution, shall be as follows: (1) To report to Council from time to time and whenever desired by Council and as often as the interest of the Corporation may require, on all matters connected with the duties imposed on them, respectively, and to recommend such action by Council in respect thereto as may be deemed necessary. (2) To consider and to report on any and all matters referred to them by the Council or by the Lord Mayor. (3) To adhere, in the transaction of all business, the rules prescribed by by-laws. Counce may 6.5.1. Council, may from time to time, appoint special standing committees. appoint other standong corrmatee s appointment of 6.5.2 The Lord Mayor or Council may appoint special committees to consider spoon °°"' '°.' specific matter. w alder a tan 6.6 All members of the Council shall be notified of and may attend all meetings committee of a special standing or a special committee and may with the consent of the members, take part in discussion, but shall not be entitled to vote. Lord Maioc to 6.7 Should it appear to the Lord Mayor that any committee is failing in its duty report when a G0`°""1ee,snot or not having meetingswhenmeetings or in any other carrying out as are necessary r.sponvoaa,.s manner neglecting the work committed to it, the Lord Mayor shall report the facts to the Council without comments and the Council may rescind the appointment of such committee and name a new committee. Page 19 - Procedural By-law 7. NOTICE OF MEETINGS OF COMMITTEES OF COUNCIL 7.1.1 Written notice of each regular and special meeting of each Committee shall mooting nice tote sent to be sent to each member of the Committee by the Clerk so that such each commate° member member shall receive the same on at least the day preceding the meeting except in the case of an emergency meeting when notice shall be as directed by the Chairman of the Committee concerned and may be written notice delivered to their Town address, or by telephone to their Town address. lack a notice not 7.1.2. Lack of notice shall not affect the validity of a meeting or of any action to idled the validity a action taken as such meeting where all the members are present or where any W committee wMn absent members member or members who are absent consent to the holding of such consent to meeting meeting, and so inform the Clerk. `Do1i°n to 61t " 7.2. Each item in the notice which contains reference to a matter which is to be Camera to.tate 10 be of matter considered "in camera" shall contain some indication of the nature of the to be considered matter to be considered. Page 20 - Procedural By-law 8. CONDUCT OF MEETINGS OF COMMITTEES OF COUNCIL 8.1 Each special Committee shall from among its members, appoint a eaai committee lo Chairman and a Vice Chairman unless Council otherwise provides at the appont own chairman time of the appointment of such Committee. Chairman to 8.2. The Chairman shall preside at everymeetingand may vote on all preside and may vole questions submitted and in the case of an equal division,the question shall be negatived. Charman to sign 8.3 The Chairman shall sign all orders and documents which the Committee documents may legally adopt. Vice"'airman to 8.4 In the absence of the Chairman, the Vice-Chairman shall discharge the preside in Ch=ance a duties of the Chairman during the meeting or until the arrival of the Chairman Chairman. secretary for 8.5 The Clerk shall be the Secretary of the four Standing Committees and may Committees assign the duties of Secretary of any Committee to an employee of the Corporate Services Department or such other persons as may be approved by the Chief Administrative Officer. duties of the 8.6 It shall be the duty of the Clerk: secretary (1) to give notice of all meetings of Committees as hereinbefore provided for; (2) to attend all meetings of the Committees and to report without note or comment the minutes,orders and directions of all such meetings; (3) to notify all Department Heads of any orders made by the Committees which are to be acted or reported upon without the order of the Council. COnviiR1Oe 8.7. A majority of the members of any Committee shall constitute a quorum Quorum thereof. rules or conduct 8.8 The business of the respective Standing Committees and of any special a committee "a Old) 9' Committees of Council shall be conducted under the rules governing the procedure in Council as far as the same may be applicable, subject to the following regulations: 1) No motion shall require a seconder. 2) No motion for the previous question shall be allowed. 3) No member shall be limited in the number of times he may speak to the question under consideration. 4) No member shall request a recorded vote while in a standing committee. Page 21 - Procedural By-law new business at 8.9 The rules in respect of the introduction of new business in the Council shall committee meetings not apply to standing and other committees of the Council other than Committee of the Whole. mittens be d al with 8.10 A meeting or part of a meeting may be closed to the public if the subject at closed meetings matter being considered is: a) the security of the property of the municipality or local board; b) personal matters about an identifiable individual,including municipal or local board employees; c) a proposed or pending acquisition of land for municipal or local board purposes; d) labour relations or employee negotiations; e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; f) the receiving of advice that is subject to solicitor-client privilege, including communications necessary for that purpose; g) a matter in respect of which a council, board, committee or other body has authorized a meeting to be closed under another Act. other cntena 8.11 A meeting shall be closed to the public if the subject matter relates to the consideration of a request under the Municipal Freedom of Information and Protection of Privacy Act if the council, board commission or other body is designated as head of the institution for the purposes of that Act. fesoution 8.12 Before holding a meeting or part of a meeting that is to be closed to the public, a council or local board shall state by resolution, a) the fact of the holding of the closed meeting; and, b) the general nature of the matter to be considered at the closed meeting. open meetings 8.13 Subject to subsection (9)a meeting shall not be closed to the public during the taking of a vote. Eaoephon 8.14 Despite subsection 61 (2), a meeting may be closed to the public during a vote if, a) subsection (5) or(6) permits or requires a meeting to be closed to the public; and, b) the vote is for a procedural matter or for giving directions or instructions to officers, employees or agents of the municipality or local board or persons retained by or under contract with the municipality or local board. MMINIMMEIMMEMIEMEIMMMIIIMMMEMMIIIMMEIMIIIIIIMMINIEN Page 22 - Procedural By-law 9. REPEAL OF PREVIOUS BY-LAWS „WO,Mg ai 9.1 All by-laws,rules and regulations heretofore passed,adopted and observed by this previous by-laws Council relating to proceedings in the Council and in Committees thereof and providing for the constitution of Committees are hereby repealed. 9.2 This by-law shall take effect immediately upon the passing thereof. READ A FIRST, SECOND AND THIRD TIME AND PASSED THIS 24TH DAY OF APRIL 1995. LORD MAYOR MICHAEL M. DIETSCH TOWN CLERK R. G. HOWSE • '. - . . , 2,t),} J �;i,,j II` :if • . Ilk I SCHEDULE "A" AREAS OF RESPONSIBILITY AND JURISDICTION OF STANDING COMMITTEES OF THE COUNCIL IN COMMITTEE 1. CORPORATE SERVICES COMMITTEE All matters of policy relating to: (a) The financial interest and operations of the Council and of the Corporation's Departments. (b) The general administration and management of the Corporations's human and material resources. (c) The review of the budget process and the improving of the process where possible. (d) Revenue of the current and capital budget of Council, Corporate Services and Fire Service. (e) The continuous review of the current budget monitoring procedures and the development of a simplified method of informing council and directors of the current financial status of the Corporation's operations. Review of the current and capital budget for the Corporation and recommendation to Council. (f) The preparation of a financial forecast for the Corporation for the following five years with appropriate recommendations to Council. (g) Fire Department reports to C.A.O., who brings reports to council through this Committee. (h) Clerk's Department reports to Chief Administrative Officer who brings reports to council through this Committee. (i) Or any other matters as assigned by motion of Council. The Chairperson of Corporate Services shall have the right to consult with the Clerk,the Treasurer and with all Directors, or their designates,with respect to the ares of responsibility and jurisdiction specified above,provided that the Lord Mayor and the Chief Administrative Officer shall be first informed of and have input to any proposals or concerns which may affect their respective operations. Page 2 - Schedule "A" to Procedure By-law 2. PLANNING & DEVELOPMENT ADVISORY COMMITTEE All matters of policy relating to: (a) The operation of the Department of Planning and Development. (b) The application of the Planning Act and the regulations thereto. (c) The review of development proposals received by the Town as items related to the Department of Planning & Development. Review of the current budget and capital budget for the Department and recommendation to the Corporate Services Committee. (d) Applications for amendments to the Official Plan and/or Zoning By-law for the Town of Niagara-on-the-Lake. (e) The policy-making processes and recommending these on long term planning policies for Council's consideration. (f) The review of Building Permit applications referred to the Committee by the Chief Building Official and the making of recommendations to Council as to the necessity or requirement of a "Site Plan Agreement". (g) The review and the negotiation of site plan agreements, in accordance with the Town's Site plan Control Procedure By-law. (h) Discussions with Planning Consultants as may be deemed necessary and appropriate. (i) Ensuring that the notice requirements under The Planning Act for Public Meetings are complied with. (i) Or any other matters as assigned by motion of Council. The Chairperson of Planning and Development Services shall have the right to consult directly with the Director of Planning and Development, the Chief Building Official, and with all Directors or their designates, with respect to the areas of responsibility and jurisdiction specified above, provided that the Lord Mayor the Chief Administrative Officer shall be first informed of any proposals or concerns which may affect their respective operations. • . _. 7' 7.7.171:• Page 3 - Schedule 'A" to Procedure By-law 3. PARKS AND RECREATION ADVISORY COMMITTEE All matters of policy relating to: (a) The operation of the Department of Parks and Recreation Services. (b) The review of the current and capital budget of the Department. (c) The quality of life in the Town of Niagara-on-the-Lake through the provision, coordination and facilitation of a balanced range of Parks and •Recreation Services for all residents. Review of the current budget and capital budget for the Department and recommendation to the Corporate Services Committee. (d) The planning for Park sand Recreation Services delivery in a comprehensive and continual manner and ensuring the coordination of effective and efficient utilization of existing Parks and Recreation Resources in the Town. (e) The protection of Natural and Scenic Resources through the provision and management of Parks and Open Space Resources. (f) Or any other matters as assigned by motion of the Council The Chairperson of Parks and Recreation Advisory Committee shall have the right to consult directly with the Director of Parks and Recreation, and with all Directors or their designates, with respect to the areas of responsibility and jurisdiction specified above,provided that the Lord Mayor the Chief Administrative Officer shall be first informed of any proposals or concerns which may affect their respective operations. • Page 4 - Schedule "A" to Procedure By-law 3. PUBLIC WORKS All matters of policy relating to: (a) The operation of the Department of Public Works including roads, water, sewer and Drainage (b) The review of the current and capital budget of the Department and recommendation to the Corporate Services Committee. (c) The quality of live in the Town of Niagara-on-the-Lake through the provision,coordination and facilitation of a balanced range of Public Works for all residents. (d) The planning for Public Works services, delivery in a comprehensive and continual manner and ensuring the co-ordination of effective and efficient utilization of Public Works resources. (e) Or any other matters assigned by motion of Council. (f) The Chairman of the Public Works advisory Committee shall have the right to consult with the Director of Public Works and will all directors or their designates, with respect to•their areas of responsibility and jurisdiction specified above provided that the Lord Mayor and the Chief Administrative Officer shall be first informed of any proposals or concerns which may affect their respective operations DEC-07-94 16 . 52 FROM. TOWN OF TILLSONBURG ID. 5199429431 PAGE 1 TOWN OF ingo, gam 71ILLSONSURG Municipal Offices - TOWN CENTRE MALL 200 Broadway.Second Floor Tillsonburg,Ontario N4G 5A7 Phone(519) 842-6428 Telephone: ( 519) 842-6428 Fax: ( 519 ) 842-9431 FACSIMILE TRANSMITTAL FORM DATE: IC' . 719y _ To: Ta.Jd d CITY : FAX NUMBER: /-5/9- 2C.P./ - y 4 vg FROM: �t .•wt • NUMBER OF PAGES ( including cover sheet ) : COMMENTS/SPECIAL INSTRUCTIONS: Pay. o6 owc Cowl c ()AA crdcu 1 ��� 2104/ If you are not receiving clearly or if there aro any problems with this transmission, please contact. immediately. DEG-07-94 15. 52 FROM• TOWN OF TILLSONBURG ID. 5199429431 PAGE 2 Lack of 12 . If no quorum is present one half hour after the time Quorum appointed for a meeting of Council , the Clerk shall record the names of the Members present and the meeting shall stand adjourned until the day of the next regular or special. meeting . ,STANDING COMMITTEES Appointment of .13 . (1) The Council Members shall indicate in writing Standing prior to the Inaugural Meeting of Council their Committees preferences for Standing Committees as well as Council representation on Police Services Board and other Boards and Commi.s£:ions . The Mayor will then, having taken these preferences into account, submit to Council the recommendations on the membership, Chairmanship and Vice-Chairmanship for the Standing Committees and Council representation on Police Services Board and other Boards and Commissions for Council' s consideration . Lay Committee (2) Where lay members are required to serve on any Positions Board, Commission or other body, Council shall advertise the positions in the local media prior to.making the appropriate appointments . Standing 14 . (1) The Standing Committers of Council and their Committees constitution and duties shall be as follows : Finance & (a) The Committee of Finance and _Administration Administration shall be composed of the Mayor and four members of the Council . The Committee of Finance and Administration shall : (i) Provide Council with information for budgetary decisions on an on-going basis . Operational a) To receive from administration the budget in account form, supported by adequate description . b) Review monthly ::accounts approved by administration prior to submission to Council of the Whole Capital a) To receive from administration, Council, and/or other Committees the projected Capital Budgets for a period not to exceed five years . DEC-07-94 15. 53 FROM. TOWN OF T/LLSONBURG ID, 5198429431 PAGE 3 14 . . .continued b) To receive from administration the Statement of Debenture Debt and funding of projected Capital Projects with recommendations of Capital funding available per the OMB guideline ratio. (ii) Provide Council with information for decisions on all matters dealing with the administration' s system of internal control . Administrative' s objective for internal control is to ensure the following a) maintaining accountability to Council b) receipt of all funds and minimization of costs c) prevention and detection of traud and error d) safeguarding of assets e) reliability of accounting records f) timely preparations of reliable financial information g) any other item referred by Council or the Mayor Non-Budgetted (iii) Prior to approval being considered by Expenditures Council of any capital projects or non-budgeting expenditures by the Town, the Finance and Administration Committee shall be required to provide to Council a review, cost analysis and recommendation on such matters . Public Works (b) The Committee of. Public - Works shall be Committee composed of the Mayor ex-officio and five members of the Council . The Committee of Public Works has power to enquire into and report to Council on any matter over which the council has authority, in the areas of estahlishi.ng and maintaining road and sidewalk, Light, sewer, drainage, and any other matter referred to it by Council . Fire Committee (c) The Fire Committed shall be composed of the Mayor ex-officio and four members of the Council . The Fire Committee shall determine and report to Council on the establishment and maintenance of fire services in the Town, and on any other matter referred to it: by Council . DEC-07-94 15 . 53 FROM. TOWN OF TILLSONBURG ID, 5198429431 PAGE 4 14 . . . continued Personnel Committee (d) The personnel Committee shall be composed of the Mayor ex-officio and four members of the Council . The Personnel Committee shall deal with a report to Council on all personnel matters that arise and on any other matter referred to it by Council . Property and (e) The property and Special Committee shall be Special Committee composed of the Mayor ex-officio and five members of the Council . The Property and Special Committee has power to enquire into and report to Council on property matters and any other matter referred to it by Council . Executive (f) The Executive Committee ::hall be composed of Committee the Mayor and all mernbctu of the Council . The Executive Committee shall meet , in camera, to consider matters of a "Legal and Personnel" nature as deemed in 3 (2) and report to the Committee of the Whole of Council . Committee (2) Each Committee shall appoint the time and place of Meetings its meetings provided that: it shall not meet while Council is meeting. Quorum for (3) A quorum of a Committee is a majority of the Committees voting members of the Committee . 15 . Not withstanding Section 14 of this By-Law: Consideration (1) Council may consider any matter without referring Without Referral it to a Standing committee or may refer it to one by Council or more Committees or refer it to the Executive Committee and may withdraw a matter from a Committee whether or not the Committee has entered into consideration thereof . Adhoc Committees (2) Council may at any time appoint a Committee to enquire into and report on any matter. ADVISORY CQMQiITTUS OF COUNCIL Advisory 16 . (1) In addition to the Standing Committees of Council Committees established under Section 14 , the following advisory Committees are established: (a) Planning Advisory Committee (b) Traffic Committee (c) Local Architectural Conservation Advisory Committee COUNTY OF ELGIN TEL : 519-633-7661 Jan 05 .95 10 :37 No .004 P .01 60,t Vi 4 • o a° ST. THOMAS FAX (519) 633-7661 y DATE: TO: 4,7 FAX NO. Vi/- V5V FROM: County of Elgin 450 Sunset Drive St. Thomas, Ontario N5R 5V1 Phone (519) 631-1460 Ex. 7„iti Total number of pages, including cover letter --3 • Original to follow Yes to/ No THE INFORMATION IN THIS FACSIMILE IS INTENDED FOR THE NAMED RECIPIENT ONLY. IT MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIElIT, OR THE EMPLOYEE RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, OR THERE ARE ANY PROBLEMS IN TRANSMISSION, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE. COUNTY OF ELGIN TEL : 519-633-7661 VW 1, , Jan 05 .95 10 :37 No .004 P .02 hand of the Chairman thereof, or in his absence the Acting chairman or Warden. This will be the authority for the County Treasurer to pay the said accounts listed, prior to being ratified by the Committee at a subsequent meeting. 4. The County Librarian shall be Secretary for the Committee. _— — XI — --------_ (- COUNTY ROADS CQjQiITTEZ 1. The County Roads Committee shall be composed of six (6) members plus the Marden. 2. It shall be the duty of the County Roads Committee to co-operate with and direct the County Road Superintendent in the construction and maintenance of County roads and bridges. The disbursement of all monies pertaining to the County Road System shall be made by the County Treasurer, only on the certificate of the County Road Superintendent, or his Assistant in the absence of the County Road Superintendent, as certified under the \\ hand of the Chairman thereof, or in his absence, the Acting Chairman or Warden. This will be the authority for the County Treasurer to pay the said accounts listed, prior to being ratified by the Committee at a subsequent meeting. 3. The County Engineer shall be Secretary for the Committee. / — _ _ -- XII / EXECUTIVE COMMITTEE 1. The executive Committee shall be composed of seven (7) membersi The Warden Chairmen of the tour (4) Standing Committees 1 Urban Representative - to be elected by County Council. 1 Rural Representative - to be elected by County Council. 2. Consider requests for grants and make recommendations to Council in this regard. 3. In conjunction with the Treasurer review the operating and variance reports submitted by the Treasurer. 4. Review of the annual budget submissions from the Standing Committees and other groups prior to consideration by Council, with the authority to send proposals bock to the Standing Committee for possible revisions. S. Consider and maks recommendations on issues arising from the application of human resource policies including hiring practices, salary/wage administration, labour relations, training and development and related matters. 6. Responsible for items affecting the functioning of County Council. 7. Conduct a yearly review of County insurance coverage in conjunction with department heads. S. Consider and make recommendations to County council on all issues not specific to other Standing Committees. 9. Consider and make recommendations on waste management and environmental matters. 10. Review and make recommendations on long term spending. s 11. Review and make recommendations on major expenditures with implications for County financing. 12. As "Head" under the Freedom of Information and protection of Privacy Act, 1969, delegates the duties under the Act to the Clark for the day-to-day administration. 13. Supervision of the Clerk, Treasurer and Personnel Administrator. COUNTY OF ELGIN TEL : 519-633-7661 Jan 05 ,95 10 : 37 No .004 P .03 COUNTY OF ELGIN By-Law No. 94-51 "TO AP DINT A COUNTY ROADS COMMITTEE" As required by Section 45 of the Public Transportation and Highway Improvement Act, being Chapter P.50 of the Revised Statutes of Ontario, 1990, as amended, the Elgin County Council enacts as follows: 1. That the following Members of this Council constitute a Committee for the purpose of directing the work to be done on the County Road System - Warden D.V. Chute P. Rentz J. McIntyre M.L. Millman P.S. Tolmie A.J. van Kasteren J.R. Wilson 2 . That By-Law No. 93-65 be, and the same is hereby repealed. READ a first and second time this 15th day of December, 1994 . READ a third time and finally passed this 15th day of December, 1994. m. G ;Lei - • , erk. Warden. THE CORPORATION OF THE CITY OF SCARBOROUGH PROCEDURE BY-LAW NUMBER 23967 as amended by By-laws Nos. 24271. 24370 and 24390 cog SCUIOIOUGN • NOTES THE CORPORATION OF THE CITY OF SCARBOROUGH PROCEDURE BY-LAW NUMBER 23967 as amended by By-laws Nos. 24271, 24370 and 24390 SCA1101006M NOTES THE CORPORATION OF THE CITY OF SCARBOROUGH PROCEDURE BY-LAW NO. 23967 TABLE OF CONTENTS PART 1 DEFINITIONS Page No. 1 Acting Mayor 1 Acting Chairman 1 Chair 1 Clerk 1 Committee 1 Committee of the Whole 2 2 Corporation Council 2 Holiday 2 Mayor 2 Member 2 Consent Agenda 2 2 Motion to Table Motion to Defer 3 Motion to Refer 3 Motion to Receive 3 3 Point of Order Point of Procedure 3 3 Point of Privilege Point of Personal Privilege 4 Presiding Officer 4 PART 2 GENERAL 4 Rules to Apply 4 Public Participation 4 Procedure 4 PART 3 COUNCIL MEETINGS 4 Inaugural Meetings 4 Meeting Days of Council 5 Mayor's Special Meeting 5 Council Petition 5 Notice of Special Meeting 5 Open or C4osed Special Meeting 6 Public Notice of Special Meeting 6 Acting Mayor Appointment 6 Absence of Acting Mayor 6 Duties of Acting Mayor 6 PART 3 Crura Requirement 6 Time limit for Quorum 7 Loss of Quorum 7 Time of Council Meeting 7 15 Minute Rule 7 PART 4 AGENDA 8 Agenda Items 8 Adoption of Minutes 8 Reading of Minutes 8 Unfinished Business 9 Reports of Committees 9 Agenda Order 9 PART 5 DUTIES OF PRESIDING OFFICER 9 PART 6 PUBLIC AT COUNCIL MEETINGS 11 Open Public Council Meetings 11 Public Conduct 11 Public Disturbances 11 PART 7 DEPUTATIONS 11 Motion to Hear 11 Further Hearing at Council 11 Ten Minute Time Lim i t 12 Deputations at Committee 12 PART 8 PROCEEDINGS IN COMMITTEE OF THE WHOLE 12 Chairman of Committee of the Whole 12 Duties of Chairman of Committee of the Whole 12 Committee of the Whole Procedure 13 Rise and Report 13 Rise Without Reporting 14 PART 9 CLOSED MEETINGS 14 Subject Matter Discretionary 14 Subject Matter Mandatory 15 PART 10 CONSENT AGENDA 15 Consent Agenda Review 15 PART 11 RULES OF DEBATE IN COUNCIL 15 Equality of Votes 15 Mayor Leaves Chair 15 Address the Mayor 16 Member Rules of Debate 16 Mayor Designates Speaker 16 PART 11 No Interruption 16 Reading of Motion 16 Member Speak Once 16 Speak 5 Minutes 17 Questions 1 17 Access to Members and Officers 17 PART 12 CONDUCT OF MEMBERS 17 Member Rules of Conduct 17 Members' Disobedience 18 Speak Disrespectfully 18 Criticize Decision of Council 18 Smoking and Eating 18 Disclosure of Information 18 Call for Vote 19 Recorded Vote 19 Negative Vote 19 Oral Notice 19 Point of Order 20 Privilege 20 PART 13 AGENDA IN COUNCIL 20 Agenda Items 20 Notice of Motion 21 Enquiries 21 PART 14 MOTIONS AND ORDER OF PUTTING 22 QUESTIONS IN COUNCIL Item not on Agenda 22 Motion to be Seconded 22 Contrary Motion 22 Motion Outside Council Jurisdiction 23 Withdrawal of Motion 23 Acceptable Motions 23 Motion to Adjourn 23 Motion to Call the Question 24 Motion to Table, Defer or Refer 24 Motion to Amend 25 Motion to Receive 25 Order of Vote 25 Separate Proposition Votes 25 PART 15 RECONSIDERATION OF COUNCIL DECISIONS 26 Reconsideration Motion 26 PART 16 PETITIONS 26 Written Petition to Clerk 26 Petitions Listed on Agenda 27 iii PART 17 COMMUNICATIONS 27 Written Communication to Clerk 27 Communications listed on the Agenda 27 PART 18 MINUTES OF THE COUNCIL 28 Council Minutes 28 PART 19 READING OF BY-LAWS 28 Introduce By-laws 28 First and Second Reading 28 Third Reading 28 Amendments 28 Confirmatory By-law 29 PART 20 APPOINTMENT AND ORGANIZATION OF COMMITTEES 29 Standing Committees 29 Composition of Committees 30 Boards and Committees 30 Election of Chairman 31 Rotation of Members 31 Committee Quorum 31 Mayor Member 31 Special Committee Appointment 31 Standing Committee Special Meetings 32 Non-Committee Members-No Vote 32 Committee Rules of Procedure 32 Role of Committee Chairman 32 Acting Chairman 3,3 PART 21 DUTIES OF THE CITY CLERK 33 Duties of City Clerk 33 Committee Minutes 34 Committee Secretary Duties 34 PART 22 STANDING COMMITTEES 35 Standing/Special Committee Duties 35 Administrative Committee Duties 36 Budget Committee Duties 37 Economic Development Committee Duties 38 Planning and Buildings Committee Duties 39 Recreation, Parks and Culture Committee Duties 40 Works and Environment Committee Duties 41 PART 23 AMENDMENTS 43 iv THE CORPORATION OF THE CITY OF SCARBOROUGH BY-LAW NUMBER 23967 A By-law to provide rules governing the Proceedings of Council, the Conduct of its Members and the calling of Meetings: Whereas Section 102 of the Municipal Act, R.S.O. 1990, Chapter M.45, provides that every Council may pass by-laws for governing the proceedings of Council, the conduct of its members, and the calling of meetings; And whereas, it is deemed advisable to pass this by-law for the above purposes; Therefore The Council of the Corporation of the City of Scarborough Enacts as follows: PART 1 - DEFINITIONS 1 . In this by-law: (1 .1) "Acting Mayor" means a Councillor who is ACTING MAYOR appointed by the Council to act in the place of the Mayor in the absence for any cause or incapacity of the Mayor, and who shall exercise all the rights, powers and authority of the Mayor while so acting. (1 .2) "Acting Chairman" means a Member of a ACTING Committee who is appointed by the CHAIRMAN Committee to act in the place of the Committee Chairman when the Chairman is absent from a meeting of the Committee for any cause, and who shall exercise all the rights, powers and authori- ty of the Chairman. (1 .3) "Chairman" means a Member of a Corn- CHAIRMAN mittee who is appointed by the Committee as Chairman. (1 .4) "Clerk" means the Clerk of the Corpora- CLERK tion of the City of Scarborough. COMMITTEE ( 1 .5) "Committee" means a committee of Council but does not include Committee of the Whole. COMMITTEE (1 .6) "Committee of the Whole" means a corn- OF THE mittee of Council composed of all of the WHOLE Members present at a meeting of Council sitting in Committee. CORPORATION (1 .7) "Corporation" means the Corporation of the City of Scarborough. COUNCIL (1 .8) "Council" means the Councillors and the Mayor of the Corporation of the City of Scarborough. HOLIDAY (1 .9) "Holiday" means holiday as defined in the Interpretation Act, R. S.C . 1990, as amended; Boxing Day; and any holiday proclaimed by Council as a civic holiday. MAYOR (1 .10) "Mayor" means the Mayor of the Corporation of the City of Scarborough who is the head of the Council and the Chief Executive Officer of the Corporation and who shall preside at all meetings of the Council. MEMBER (1 .11) "Member" means a Member of Council and includes the Mayor. COUNCILLOR (1 .12) "Councillor" means a Member of Council representing a ward of the City of Scarborough. CONSENT (1 .13) "Consent Agenda" means that part of the AGENDA Council Agenda containing the recom- mendations of the Standing and Special Committees of Council, the Clerk or staff, all of which may be adopted by one motion of the Council, but any of which may be held on the regular agenda of Council, upon the request of a Member. 2 Consent Agenda process also applies to Standing Committees and Special Committees. (1 . 14) "Motion to Table" means to suspend fur- MOTION TO ther discussion and to shelve for a speci- TABLE fled period of time sine die. (1 . 15) "Motion to Defer" means a motion with or MOTION TO without amendment to delay consideration DEFER of a matter until a specified time or time period; until the happening of a specified event; or until the reception of one or more reports or communications. (1 .16) "Motion to Refer" means a motion with or MOTION TO without amendment to seek consideration REFER by any designated committee, body or official. (1 17) "Motion to Receive" means a motion to MOTION TO acknowledge receipt of an item, report or RECEIVE recommendation under consideration with no additional action to be taken. (1.18) "Point of Order" means a question by a POINT OF Member calling attention to any departure ORDER from the Procedyre By-Law or the cus- tomary proceedings of the Council. (1 .19) "Point of Procedure" means a question POINT OF directed to the Chairman to obtain infor- PROCEDURE mation on a matter of parliamentary pro- cedure or the rules of the Council bearing on the business at hand in order to assist a Member to make an appropriate motion or raise a point of order. (1 .20) "Point of Privilege" means a question POINT OF affecting the rights and immunities of the PRIVILEGE Council collectively or the actions and conduct of individual Members of Council in their character as elected representa- tives. :3 POINT OF (1 .21) "Point of Personal Privilege- means a PERSONAL question concerning a Member of Council PRIVILEGE where the Member believes that another Member has spoken disrespectfully towards that Member or the Council. PHESIDING (1 .22) "Presiding Officer" means the Mayor or OFFICER Acting Mayor who is presiding at a meet- ing of Council. PART 2 - GENERAL RULES TO (2.1) The rules and regulations contained in this APPLY By-law shall be observed in all proceed- ings of the Council and shall be the rules and regulations for the order of business in Council and Committees of Council. PUBLIC (2.2) Subject to the provisions of Part 8 of this PARTICIPATION by-law, meetings of all Standing and Special Committees of Council shall be open to the public and subject to the pro- visions of this by-law, all persons may address a Committee on any item which is on the meeting agenda. PROCEDURE (2.3) When any matter relating to proceedings in Council or in Committees or Committee of the Whole arises which is not covered by a provision of this By-law, the proce- dure to be followed shall be decided by the Mayor with reference to Robert's Rules of Order. PART 3 - COUNCIL MEETINGS INAUGURAL MEETING INAUGURAL (3) The first meeting of a newly elected MEETING Council after a regular election shall'be held on the first Tuesday in December. The Mayor elect and City Clerk shall be responsible for the content of the Agenda for the Inaugural Meeting and the arrange- 4 4 ments for the Inaugural Proceedings, including the appointment of the officiating clergyman. MEETINGS OF COUNCIL (4) Regular meetings of Council shall be held MEETING on alternate Tuesdays in the year after DAYS OF the Inaugural Meeting of Council, except COUNCIL during the months of July and August when meetings shall be held at the call of the Chair and except when Tuesday is a public or civic holiday, in which case the Council shall meet at the same time the next following day, which is not a public or civic holiday, unless otherwise provided by resolution of Council. The date of all regular meetings of Council and the day and time of the regular Committee meet- ings shall be set at the Inaugural Meeting in the first year of a Council term and no later than November the first in the remaining years of the term. SPECIAL MEETINGS 5) The Mayor may at any time summon a MAYOR'S special meeting of the Council and shall SPECIAL summon a special meeting whenever so MEETING requested in writing by a majority of the members of the Council in accordance with the notice provisions of Section 7. (6) Upon receipt of a petition signed by a COUNCIL majority of the Members of Council, the PETITION Clerk shall summon a special meeting for the purpose and at the time mentioned in the petition. (7) The notice calling a special meeting of the NOTICE OF Council shall state the business to be con- SPECIAL sidered at the special meeting and no MEETING • business other than that stated in the 5 notice shall be considered at that meeting. Twenty-four hours notice shall be neces- sary for all special meetings of Council. This notice may be waived with the con- currence of two-thirds of the members of Council. PUBLIC (8) Where the business to be considered at a NOTICE special meeting is business of which any OF SPECIAL person has asked by written notice to the MEETING Clerk, to be given notice, the Clerk or the Clerk's designate shall use their best efforts to provide them with notice of the special meeting by telephone or by notice in writing. ACTING MAYOR ACTING (9) At the Inaugural meeting of Council, MAYOR Council by by-law shall appoint a Member APPOINTMENT or Members as Acting Mayor for a dura- tion at the discretion of Council. ABSENCE OF (10) In the absence or inability of the Mayor or ACTING Acting Mayor to act, Council, by a majority MAYOR vote, may appoint any other Member to act as Acting Mayor. DUTIES OF (11) The Acting Mayor shall exercise all the ACTING rights, powers and authority and shall MAYOR assume the responsibility of the head of Council and shall be entitled to vote as a Member. QUORUM OF COUNCIL QUORUM (12) As soon after the time fixed for the meet- REQUIREMENT ing as there is a quorum, the Mayor shall take the chair and call the Members to _ order. A majority of the Members of Council shall constitute a quorum. 1 6 (13) If there is no quorum present within half TIME LIMIT an hour after the time appointed for the FOR meeting, the Clerk shall call the roll and QUORUM record the names of the Members present and the meeting shall be adjourned until the next regular meeting, unless a special meeting is called for that purpose in the meantime. (14) If after the commencement of any meeting LOSS OF the number of Members is reduced to less QUORUM than a quorum, subject to the provisions of the Municipal Conflict of Interest Act, the Clerk shall call the roll and record the names of the Members then present and the meeting shall be adjourned until the next regular meeting day. COMMENCEMENT OF A COUNCIL MEETING (15) Regular meetings of Council shall corn- TIME OF mence at 10:00 a.m., recess at 12:30 p.m. COUNCIL and reconvene at 2:00 p.m. If the meeting MEETING continues until 6:00 p.m., Council shall recess at 6:00 p.m., and reconvene at 7:30 p.m. If the meeting continues until 11 :00 p.m., Council shall recess at 11 :00 p.m. and reconvene at 10:00 a.m. on the Wednesday. If the meeting on Wednesday continues until 6:00 p.m., Council shall recess at 6:00 p.m. and reconvene at a date and time to be deter- mined by Council. This rule or any part of it may be waived on the affirmative vote of at least two-thirds of the members of Council present and voting. (16) If the Mayor does not attend within fifteen 15 MINUTE minutes after the time appointed, the RULE Acting Mayor shall call the Members to order and, if a quorum is present, shall preside during the meeting or until the arrival of the Mayor. PART 4 - AGENDA AGENDA (17) The Clerk shall have prepared and printed ITEMS for the use of Members at the regular meetings of Council an agenda under the following headings: (1) 0 Canada (2) Lord's Prayer (3) Presentations (4) Confirmation of Minutes (5) Communications (6) Petitions (7) Delegations (8) Declaration of Pecuniary Interest • (9) Enquiries and Answers thereto (10) Unfinished Business (11) Consideration of Reports of the Committees (12) Motions of which Notice has been previously given (13) Giving Notice of Motion (14) By-laws (15) Confirmatory By-law (16) Adjournment ADOPTION OF (18) At each regular meeting of the Council, MINUTES the minutes of the preceding meeting shall, unless otherwise decided by the Council, be submitted for confirmation and, after they have received approval of the majority of the Members present, shall be signed by the Mayor. READING (19) The minutes may be adopted by Council WAIVED without having been read at the meeting considering the question of their adoption. 8 G (20) All items not dealt with on a Council agen- UNFINISHED da shall be dealt with as the first item of BUSINESS business and listed after "Enquiries and Answers Thereto" as unfinished business on the agenda of the next regular meeting of Council. The unfinished items shall be listed in the same order as on the previ- ous agenda. (21) The reports of Committees of Council REPORTS OF shall be distributed to the Members with COMMITTEES the agenda except as otherwise provided by Council. (22) The agenda for all special meetings of AGENDA Council shall be prepared and printed as ORDER the Mayor or Acting Mayor may direct The business for all regular and special meetings of Council shall be taken up in the order in which it appears on the agen- da, unless otherwise decided by majority decision of Council. PART 5 - DUTIES OF PRESIDING OFFICER (23) It shall be the duty of the Presiding Officer DUTIES OF a) to open meetings of Council by taking PRESIDING the chair and calling the meeting to OFFICER order; b) to receive and submit, in the proper manner, all written motions presentee. by Members; c) to put to a vote all questions which are regularly moved and seconded or nec- essarily arise in the course of proceed- ings, and to announce the result; d) to determine what motions or amend- ments are in order, subject to an appeal to Council and to decline to put any motions or amendments before Council 9 which are deemed to be out of order; 'I e) to follow the Rules of Procedure and keep the Members, when engaged in debate, within the Rules of Procedure, f) to observe and enforce order and decorum in the Council Chambers; g) to call by name any Member persisting in a breach of the Rules of Procedure and subject to a majority vote of the Members present, order the Member to vacate the Council Chambers or not recognize that Member except for the purpose of receiving an apology; h) to receive all messages and other added items or reports and announce them to the Council; i) to authenticate by signature, when necessary, all bylaws, resolutions and minutes of Council; j) to advise Council with respect to Points of Order; k) to select Members who are to serve on Committees when directed to do so by resolution of the Council or a Rule or Procedure; I) to represent and support Council, declaring its will and implicitly obeying its decisions in all things; m) if considered necessary because of grave disorder, to adjourn the meeting without question or to suspend the meeting for a specified time. n) to require a recorded vote to be taken on any question upon the request of a Member if that request is made prior to 10 s commencement of voting or immediately after voting. PART 6 - PUBLIC AT COUNCIL MEETINGS (24) Subject to the provisions of Part 8 of this OPEN PUBLIC by-law Council meetings shall be open to COUNCIL the public and no persons shall be exclud- MEETINGS ed except for improper conduct. (25) Members of the public present in the PUBLIC Council Chambers during a Council meet- CONDUCT ing: (a) may not address Council without per- mission of the Council; and (b) shall maintain order and quiet. (c) In the interest of public safety, certain items such as placards, signs and sim- ilar devises on stakes shall not be per- mitted in the Council Chamber. (26) The Presiding Officer at any meeting may PUBLIC expel any member of the public who cre- DISTURBANCES ates a disturbance or acts improperly and If necessary shall direct the Clerk to seek appropriate assistance from the Metropolitan Toronto Police Department. PART 7 - DEPUTATIONS (27) All persons entitled by Statute to be heard MOTION TO or persons invited by notice, authorized by HEAR Council, shall be allowed to address the Council except as provided in section 29. (28) After a deputation has been heard at a FURTHER Committee if that Committee feels that a HEARING AT further hearing by the Council is warrant- COUNCIL ed, it may so recommend, and the Council shall determine the time and date of the further hearing. 11 TEN MINUTE (29) (a) Persons addressing the Council shall TIME LIMIT be limited in speaking to no more than ten minutes. Deputations shall be limited to two speakers of the same interest in the matter. QUESTIONS - (b) Any member of Council will be permit- FIVE MINUTE ted one opportunity to question a dep- TIME LIMIT utant appearing before Committee or Council and limited to no more than five minutes duration. DEPUTATIONS (30) All persons shall be heard initially by the AT appropriate Committee. A written request COMMITTEE stating the nature of the business shall be submitted to the Clerk prior to the printing of the agenda for the meeting at which the matter will be discussed. The clerk may, prior to placing the matter on an agenda, refer it to the appropriate Department Head for a report. Persons addressing a Committee shall confine their remarks to the stated business. A committee may hear any person at its discretion regarding any agenda item. PART 8 - PROCEEDINGS IN COMMITTEE OF THE WHOLE CHAIRMAN OF (31) (1 ) Whenever the Council resolves into COMMITTEE Committee of the Whole, the Mayor or OF THE WHOLE other Member presiding at the meeting may continue as Chairman of the Committee of the Whole. DUTIES OF (2) The Chairman of the Committee of the CHAIRMAN OF Whole may appoint another Member of COMMITTEE the Committee to act as the Chairman OF THE of the Committee while speaking to a WHOLE question or while temporarily absent from the meeting. 11 (3) The majority of the Members of Council shall constitute a quorum of Committee of the Whole. (32) ( 1 ) The Charman of the Committee of the COMMITTEE Whole shall maintain order in the OF THE Committee and report the proceedings WHOLE to the Council. PROCEDURE (2) The Chairman of the Committee of the Whole shall have all the powers and duties of the Mayor. (33) The rules governing the procedure of the Council and the conduct of Members in Council shall be observed in Committee of the Whole so far as they are applicable, provided that: (1 ) a motion shall not be required to be seconded; (2) no vote shall be recorded; (3) no Member shall speak more than once until every Member who desires to speak has spoken; (4) no Member shall speak on any ques- tion more than twice. (34) The Chairman of the Committee of the Whole shall be entitled to one vote as a Member of the Committee but shall not be entitled to a second or casting vote in the event of an equality of votes, and if there is an equality of votes on any motion, it shall be deemed to be lost. (35) (1 ) A motion in Committee of the Whole: (a) to rise and report, shall be decided RISE AND without debate: REPORT RISE (b) to rise without reporting, shall WITHOUT always be in order and shall take REPORTING precedence over any other motion and if carried, the subject referred to the committee shall be deemed to have been disposed of in the negative, subject however to its reconsideration as provided by Section 66. (2) After Committee of the Whole has pro- ceeded in accordance with subsection ( 1 )(a) or (b) above, the Mayor shall resume the Chair in Council and pro- ceed with the next order of business. PART 9 - CLOSED MEETINGS SUBJECT (36) (1 ) A meeting or part of a meeting of MATTER Council or of a Committee including DISCRETIONARY Committee of the Whole may be closed to the public if the subject mat- ter being considered relates to (i) The security of the property of the Corporation or a local board; (ii) A proposed or pending acquisition of real property for municipal or local board purposes; (iii) Labour relations or employee negotiations; (iv) Litigation or potential litigation, in- cluding matters before administra- tive tribunals, affecting the corpora- tion; (v) The receiving of advice that is s ab- ject to solicitor-client privilege, including communications neces- sary for that purpose; 14 (vi) A matter in respect of which a Council, Board, Committee or other body has authorized a meet- ing to be closed under another Act; (2) A meeting or part of a meeting of SUBJECT Council or of a Committee including MATTER Committee of the Whole shall be MANDATORY closed to the public if the subject matter being considered relates to per- sonal matters about an identifiable individual, including employees of the corporation or a local board, or any other matter not permitted to be dis- closed pursuant to the Municipal Freedom of Information and Protection of Privacy Act. PART 10 - CONSENT AGENDA (37) All or several items on the agenda for a CONSENT regular meeting of Council (other than AGENDA Council Public Meetings), containing rec- REVIEW ommendations from the Clerk, Com- mittees, or staff may be adopted in a sin- gle motion of Council, but any of these items will be transferred to the regular agenda for consideration and debate upon the request of any Member. PART 11 - RULES OF DEBATE IN COUNCIL (38) The Mayor shall vote with the other EQUALITY OF Members on all questions, except when VOTES prohibited from voting by statute. Any questions on which there is an equality of votes shall be deemed to be decided in the negative. (39) The Mayor may take part in any debate MAYOR LEAVES without leaving the Chair. If the Mayor CHAIR desires to introduce a motion or by-law, the Mayor shall leave the Chair for that 15 purpose and shall call on another member of the Council to assume the Chair until the Mayor resumes the Chair. ADDRESS THE (40) Prior to speaking to any question or MAYOR motion Members shall receive permission from the Mayor and shall stand and address the Mayor when speaking. MEMBER (41 ) When speaking to any question or motion RULES OF Members shall respectfully address the DEBATE Mayor or other presiding officer. A Member shall rise in their place to speak when recognized by the Mayor. Members shall only debate the matter under consid- eration by Council, shall maintain a cour- teous tone, shall not inject any personal notes, shall refer to others by title, and shall make no allusion as to the motives of any Member. MAYOR (42) When two or more Members rise simuita- DESIGNATES neously to speak, the Mayor shall desig- SPEAKER nate the Member who has the floor. NO INTERRUPTION (43) When a Member is speaking, no other Member shall pass between that Member and the Chairman, or interrupt or disturb the Member speaking, except to raise a Point of Order or question of Privilege. READING OF (44) Any Member may require the question or MOTION motion under discussion to be read at any time during the debate, but not so as to interrupt another Member while speaking. MEMBER SPEAK (45) No Member shall speak more than once ONCE to the same question without leave of the Council save and except the mover of a Notice of Motion who shall be allowed the right to speak a second time in rebuttal for up to five minutes. 16 (46) No Member shall speak to the same ques- SPEAK tion, or in reply, for longer than five min- s MINUTES utes. With the leave of Council, one exten- sion of five minutes may be granted. (471 Questions may be asked only when a OUESTIONS Member's appointed time to speak arises and shall be limited to five minutes dura- tion. 47( 1 ) A Member may ask a question only for the purpose of obtaining relevant facts neces- sary for a clear understanding of the mat- ter under discussion. 47(2) All questions shall be stated succinctly and questions shall not be used as a means of making statements or asser- tions. 47(3) Questions may be asked only (a) of a previous speaker, (b) of the Mayor, and (c) of an official of the City or of a Chair- man of a Standing Committee. (48) No person, except Members and officers ACCESS TO of the Council, shall be allowed to come MEMBERS within the bar during the sittings of the AND OFFICERS Council without permission of the Mayor or the Council. PART 12 - CONDUCT OF MEMBERS (49) No member shall: (1 ) disturb Council or any other Member MEMBER by any disorderly conduct; RULES OF (2) use offensive words or insulting Ian- CONDUCT guage referring to Council, any Member, any official of the City or any member of the public; 17 MEMBERS' (3) resist the rules of Council. or disobey DISOBEDIENCE the decision of the Presiding Officer or of the Council on questions of order or practice or upon the interpretation of the rules of procedure, and if a Member persists in any such disobedi- ence after being called to order by the Chairman, the Chairman shall immedi- ately: (a) put the question, no amendment, adjournment or debate being allowed, "that such Member be ordered to leave their seat for the duration of the meeting", but if the Member apologizes and the apolo- gy is accepted by Council, the Member shall be permitted to retake their seat. SPEAK (4) speak disrespectfully of any govern- DISRESPECTFULLY ment official; CRITICIZE (5) criticize any decision of the Council DECISION except for the purpose of moving, in OF COUNCIL accordance with the provisions of Section 74 that the question be recon- sidered; (6) Speak on any subject other than the subject under debate; SMOKING AND (7) smoke or eat in the Meeting Hall or EATING Committee Room where the meeting is being held; DISCLOSURE OF (8) disclose personal information about an INFORMATION identifiable individual(s) or any other information not permitted to be dis- closed pursuant to the Municipal Freedom of Information and Protection of Privacy Act_ r (50) When the Mayor calls for the vote on a CALL FOR question, each Member shall occupy their VOTE seat and shall remain silent there until the result of the vote has been declared by the Mayor. (51) If a Member who has voted on a question RECORDED disagrees with the declaration of the VOTE Mayor that the question is carried, or lost, they may, but only immediately after the declaration by the Mayor, object to the Mayor's declaration and, require a record- ed vote to be taken in the manner pre- scribed in Section 53 of this By-law. (52) When a recorded vote is requested by a Member or is otherwise required, the Mayor shall direct Members of Council to record their vote and the Clerk shall report the result of the vote to the Mayor. (53) Except when prohibited by statute, in NEGATIVE which case it shall be so recorded, a VOTE Member of the Council, seated in their designated seat, who does not vote when a question is put, shall be deemed to have voted in the negative. (54) (1) The following matters may be intro- ORAL NOTICE duced orally without written notice: (a) a point of order or personal privilege; (b) a motion to suspend a rule of pro- cedure or in compliance with a rule or procedure; (c) a motion to adjourn (not debatable); (d) a motion that the vote be now taken; (call the question) (e) a motion that the Council resolve into Committee of the Whole (not debatable). 19 (2) Except as provided in subsection ( 1 ) above, all motions and notices of motion shall be in writing. POINT OF (55) ( 1 ) When a Member rises to a point of ORDER order, they shall ask leave of the Mayor and after leave is granted, shall state the point of order to the Mayor and sit down and remain seated until the Mayor has stated and decided the point of order. (2) Once the Mayor has decided a Point of Order, a Member shall only address the Chairman for the purpose of appealing to the Council from the Mayor's decision. (3) If no Member appeals, the decision of the Mayor shall be final. (4) The Council, if appealed to, shall decide the question without debate and its decision shall be final. PRIVILEGE (56) Where a Member considers that their integrity or the integrity of the Council has been impugned, they may, as a matter of personal privilege or privilege, rise at any time, with the consent of the Mayor, for the purpose of drawing the attention of the Council to the matter. PART 13 - AGENDA IN COUNCIL AGENDA (57) No Member shall present any matter to ITEMS the Council for its consideration unless: (1 ) the matter appears on the agenda for that meeting of Council, or (2) leave is granted to present the matter in accordance with the provisions of Section 61 , or ;)r) (3) it is in accordance with the provisions of Section 74 hereof. (58) ( 1 ) Notices of Motion shall be in writing, NOTICE UF signed by the mover and seconder, MOTION and shall be received by the Clerk at any time and if received not less than two clear working days preceding the next regular meeting of Council, shall be printed in full in the agenda for that meeting of Council and each succeed- ing meeting until the motion is consid- ered or otherwise disposed of. (2) (a) When a Member's Notice of Motion, which is listed on an agen- da for the first time, is called from the Chair, the Member, upon request, is entitled to have consid- eration of the Motion deferred to the next regular meeting. When a Member's Notice of Motion has been called from the Chair on two successive meetings, and not pro- ceeded with, it shall be dropped from the agenda of the next meet- ing unless Council decides that it shall be placed at the foot of the list of motions on that agenda. (b) If at the next meeting, the Notice of Motion is called from the Chair and not proceeded with, it shall be deemed to have been withdrawn. (c) A Notice of Motion can only be withdrawn by the mover of the motion with the consent of Council (59) (1 ) Enquiries shall be clear and concise, ENQUIRIES shall be in writing and copies shall be provided for each member of Council 21 and shall be read and presented to the Mayor without comment. The Mayor may answer the enquiry verbally or in writing, call upon a Member or staff to answer the enquiry verbally or refer the enquiry to the appropriate person for a written answer, which when received by the Clerk shall be printed with the next regular Council agenda. (2) Notwithstanding Section 60(1), if in the opinion of the Commissioner or other official involved, the answer to an enquiry would require the compilation of special statistics or other work out- side the normal duties of the staff, they shall so advise the Council in a letter to be put before the Council with the enquiry and the Council shall deter- mine if the enquiry is to be answered. PART 14 - MOTIONS AND ORDER OF PUTTING QUESTIONS IN COUNCIL ITEM NOT ON (60) Any motion may be introduced dealing AGENDA with a matter not on the agenda for the meeting without notice if the Council, with- out debate, dispenses with notice on the affirmative vote of at least two-thirds of the Members present and voting. MOTION TO BE (61) All motions shall be seconded before SECONDED being debated or put from the Chair. When a motion is seconded, it shall be read or stated by the Mayor before debate. CONTI,ARY (62) Whenever the Mayor is of the opinion that MOTION a motion is contrary to the rules and privi- leges of the Council, the Mayor shall apprise the Members immediately before putting the question, and shall cite the rule 22 or authority applicable to the case without argument or comment (63) A motion in respect to a matter which is MOTION beyond the jurisdiction of the Council shall OUTSIDE not be in order except where, in the opin- COUNCIL ion of the majority of Council, the question JURISDICTION to be decided without debate, has to do with the general welfare of the citizens. (64) After a motion is read or stated by the WITHDRAWAL Mayor, it shall be deemed to be in posses- OF MOTION sion of the Council, but may, with the per- mission of the Council, be withdrawn by the mover of the motion at any time before decision or amendment. (65) When a motion is under debate, no ACCEPTABLE motion shall be received other than a MOTIONS motion to amend, to defer, to refer, to table, to call the question or to adjourn the meeting. ($6) (1 ) A motion to adjourn shall be decided MOTION TO without debate and shall always be in ADJOURN order except: (a) when another Member is in posses- sion of the floor; (b) when a recorded vote has been called; (c) when the Members are voting; (d) when it has been decided that the vote be now taken; (e) when a Member has indicated to the Mayor their desire to speak on the matter before the Council. (2) A motion to adjourn the meeting can- not be amended and is not open to debate. but a motion to adjourn the meeting to a given day or time may be amended and is open to debate as to the day and time to which the meeting is being adjourned. MOTION TO (67) ( 1 ) A motion to call the question shall take CALL precedence over any other motion THE except a motion to adjourn the meeting QUESTION and shall be put immediately without amendment or debate. (2) A motion to call the question shall not be received in any Committee. (3) A motion to call the question requires the affirmative vote of two-thirds of the Members present and voting to carry. (4) If a motion to call the question is resolved in the affirmative by two- thirds of the Members present and vot- ing at the meeting, the motion under question, together with all proposed amendments previously made, shall be put immediately by the Mayor with- out debate. (5) After a question is finally put by the Mayor, no member shall speak to the question, nor shall any other motion be made until after the result of the vote has been declared. MOTION TO (68) (1 ) A motion to table, defer or refer a mat- TABLE. ter shall be presented in writing and DEFER OR can be debated and/or amended and REFER then shall be put immediately by the Chairman. 'r (2) If this motion is resolved in the affirma- tive, the motion under question, together with all amendments previ- 24 • ously made, shall be carried forward to the date and time of meeting stated. (69) (1) A motion to amend shall be presented MOTION TO in writing. AMEND (2) An amendment shall not be directly contrary to the main motion. (3) An amendment shall relate to the sub- ject matter of the main motion. (4) Only one amendment shall be allowed to an amendment. (5) Only one amendment at a time shall be presented to the main motion. (70) (1 ) A motion to receive and file shall be MOTION TO presented in writing and can be debat- RECEIVE ed. (71) When a vote is taken, the order of the ORDER OF vote shall be as follows: VOTE (1) to table; (2) to defer; (3) to refer; (4) to receive and file; (5) upon the amendments in reverse order of presentation, dealing with an amendment to an amendment immedi- ately before the amendment it propos- es to amend; (6) then, upon the motion or upon the motion as amended, if any amend- ments have been carried. (72) When the question under consideration SEPARATE contains distinct propositions, upon the PROPOSITION request of any Member, the vote upon VOTES each proposition shall be taken separately. 25 iI PART 15 - RECONSIDERATION OF COUNCIL DECISIONS RECONSID- (73) (1 ) After any question has been decided, ERATION any Member who voted with the major- MOTION ity may either move for a reconsidera- tion at the same meeting or give notice for a reconsideration of the matter at a subsequent meeting or, where a two- thirds vote was required, any Member who voted for the decision of Council, may either move for a reconsideration at the same meeting or give notice for a reconsideration of the matter at a subsequent meeting. (2) No discussion of the main question shall be allowed until the motion for reconsideration is carried and no ques- tion shall be reconsidered more than once at the same meeting. (3) A question may be reconsidered only once more in the same calendar year. PART 16 - PETITIONS WRITTEN (74) Every petition intended to be presented to PETITION TO the Council must be legibly written or CLERK printed, signed by at least one person and where possible contain the printed name and address of all signatories. All petitions and communications must be forwarded to the City Clerk for processing. (75) All petitions shall be presented to the Council by the Clerk after the Clerk has first examined the petition to ensure that it does not contain any improper matter and that it is respectful and temperate in its language. The petition shall bear the name of the applicants and the substance of the application. (76) All petitions listed on the agenda on any PETITIONS subject shall be received and shall be LISTED referred to the appropriate Committee of ON AGENDA the Council by the Clerk. No Member shall speakupon,u on, nor shall debate be allowed upon a petition to the Council until a report has been made by the Committee of the Council to which it was referred. PART 17 - COMMUNICATIONS (77) (1) Every communication intended to be WRITTEN presented to the Council must be legi- COMMUNI- bly written or printed and signed by at CATION least one person and, where possible, TO CLERK contain the printed name and address of all signatories. All communications must be forwarded to the City Clerk for processing. (2) All communications which are a COMMUNI- request for reconsideration on the part CATIONS of Council in respect of matters previ- LISTED ously decided by Council shall be pre- ON THE sented to the Council by the Clerk after AGENDA the Clerk first examines the communi- cation to ensure that it does not con- tain any improper matter and that it is respectful and temperate in its lan- guage. (3) All communications listed on the agen- da for reconsideration shall be received unless a motion for reconsid- eration is moved by an eligible Member present in accordance with the provisions of Section 75 of this by- law. 27 (4) No member shall speak upon, nor shall debate be allowed upon a com- munication to the Council until a motion for reconsideration of the mat- ter is carried. PART 18 - MINUTES OF THE COUNCIL COUNCIL. (78) There shall be attached to every minute of MINUTES the proceedings of the Council a progres- sive marginal number in each year. PART 19 - READING OF BY-LAWS INTRODUCE (79) By-laws shall be introduced by a motion BY-LAWS for leave specifying the bills listed on the agenda, which motion shall be decided without amendment or debate. FIRST AND (80) (1 ) The question, "that the by-laws on the SECOND Agenda shall be taken as read a first READING and second time and approved", shall be decided without amendment or debate. (2) The Council may require that a by-law be read in full or in part with the con- sent of two-thirds of the Members of Council present and voting. THIRD (81) Unless prohibited by statute, the third READING reading of any by-law may be on the same day as the first and second read- ings. (82) The question, "shall this by-law or these by-laws be taken as read a third time and passed", shall be put by the Mayor and upon an affirmative vote, the by-law(s) shall be signed by the Mayor and the Clerk. AMENDMFNTS (83) All amendments to any by-law approved 1N by the Council shall be deemed to be incorporated into the by-law and if the by- law is enacted and passed by the Council, the amendments shall be inserted by the Clerk. (84) The Clerk shall endorse on all by-laws read in the Council the dates of the sever- al readings, and shall be responsible for the correctness of the by-laws should they be amended. (85) Upon completion of the business of the CONFIRMA- day or immediately prior to adjournment or TORY BY-LAW at any other time deemed appropriate, Council shall, upon leave to introduce, consider a confirmatory bill and, notwith- standing Section 81 , this bill shall be read a third time on the same day as the first and second readings and passed with an affirmative vote of a majority of the Members no debate or amendment per- mitted. (86) All by-laws adopted by the Council shall be printed, paged and bound in a sepa- rate volume for the year in which they are passed. PART 20 - APPOINTMENT AND ORGANIZATION OF COMMITTEES (87) In the first year of a new term, Council STANDING shall, at its first meeting, or as soon as COMMITTEES practical, appoint the Standing Com- mittees of Council. In subsequent years in the same term, these appointments shall be made so that the Committees of Council are constituted and are able to hold regular meetings no later than 2 November the first in each year. The Standing Committees of Council shall be: (1) Administrative Committee; (2) Budget Committee; (3) Economic Development Committee; (4) Planning and Buildings Committee; (5) Recreation, Parks and Culture Com- mittee; (6) Works and Environment Committee. COMPOSITION (88) (1 ) The Standing Committees of Council, OF except the Administrative and COMMITTEES Economic Development Committees, shall be composed of five Members as follows: Five Councillors Three Members of these Committees shall constitute a quorum. (2) The Administrative and Economic Development Committees shall be composed of five Members as follows: The Mayor Four Councillors Three Members of these Committees shall constitute a quorum. The Mayor shall be Chairman of the Administrative and Economic Develop- ment Committees. BOARDS AND (89) In the first year of a new term, Council COMMITTEES shall, at the first meeting of Council or as soon as practical, appoint the Members to the local Board of Health and the reOre- sentative or representatives to other Boards, bodies or Commissions on which the Council may currently or in the future be entitled to representation and who 30 I' would require to be appointed. These appointments shall be made so that these Boards, bodies or Commissions are con- stituted and able to hold regular meetings at the beginning of the first month of the next year in the term. (90) With the exception of the Administrative ELECTION OF and Economic Development Committees, CHAIRMAN the Members of all Standing and Special Committees shall, at their first meeting, elect one of their Members as Chairman. The Members of all Standing and Special Committees shall also, at their first meet- ing, elect another Member as Vice Chairman. (91) (a) In subsequent years in the same term, ROTATION OF appointments to Standing Committees MEMBERS and election of the Chairman shall be rotated among all Members of Council as far as Council deems practicable. (b) Councillors shall sit on at least two Standing Committees. (92) A quorum of any Committee of Council COMMITTEE shall be a majority of its Members, unless QUORUM otherwise decided by Council. (93) The Mayor is by virtue of that office a MAYOR Member of all Standing and Special MEMBER Committees of Council. (94) A Special Committee may be appointed at SPECIAL any time by the Council after notice has COMMITTEE been given at a previous meeting of APPOINTMENT Council specifying the matters to be dealt with by the Committee. This notice may be waived by a two-thirds vote of the Members present. :31 STANDING (95) Special meetings of Standing Committees COMMITTEE may be called by the Chairman whenever SPECIAL the Chairman considers it necessary to do MEETINGS so; and it shall be the duty of the Chairman, or, in case of the Chairman's illness or absence, it shall be the duty of the Clerk to summon a special meeting of the Committee whenever requested in writing to do so by a majority of the Members composing the Committee. sos (96) The meetings of any of the Committees of COMMITTEE the Council may be attended by other MEMBER:- Members of the Council and these NO VOTE Members may take part in any discussion or debate, but shall not be allowed to vote. COMMITTEE (97) (1) The business of the Standing and RULES Special Committees shall be conduct- OF PROCEDURE ed under the rules governing proce- dure in Committee of the Whole as prescribed by this By-law. (2) When a Point of Order is raised or when a Member is called to order in a Committee, the same procedure shall be adopted as in Council except that the question shall be decided by the Committee Chairman, subject to an appeal to the Members of the Committee. ROLE OF (98) (1 ) The Committee Chairman, or in the COMMITTEE Chairman's absence, the Acting CHAIRMAN Chairman shall preside at every meet- ing and shall vote on all questions sub- mitted and in case of a division, the Committee Chairman shall not have an extra or casting vote and the question shall be deemed to have been decided In the negative. 32 (2) In the absence of the Committee ACTING Chairman for a period of fifteen min- CHAIRMAN utes after the time fixed for the meet- ing, if there is a quorum present, the Vice-Chairman shall preside, and shall discharge the duties of the Committee Chairman during the meeting or until the arrival of the Chairman. If there is no quorum present thirty minutes after the time appointed for the meeting, the meeting shall be adjourned at the call of the Chairman. (3) The Chairman, or Acting Chairman, shall sign all orders and documents which the Committee may legally adopt. PART 21 - DUTIES OF THE CITY CLERK (99) It shall be the duty of the Clerk to carry out DUTIES OF and perform all the duties and powers CITY CLERK conferred or imposed on the Clerk under the provisions of The Municipal Act and any other Act including: (a) to truly record in a book, without note or comment, all resolutions, decisions and other proceedings of the Council; (b) to keep the books, records and accounts of the Council; (c) to preserve and file all accounts acted upon by the Council; (d) to keep in the Clerk's office or in the place appointed for that purpose the originals of all by-laws and of all min- utes of the proceedings of Council and all Standing Committees; (e) to record in the minutes of the meeting of Council every disclosure of interest 33 made by a member of Council as re- , quired by the provisions of the Muni- cipal Conflict of Interest Act, R.S.O. 1990, Chapter M.50 as amended; (f) to deliver all notices and agendas for regular and special Council meetings to the Mayor and Councillor's individual offices in the Civic Centre; (g) to review with the Committee Chairman and the relevant Department Head the Committee agenda and the scheduling of deputations. COMMITTEE (100) The minutes of the transactions of every MINUTES Committee shall be accurately entered in a book to be provided for that purpose. At each meeting, the Minutes of the preced- ing meeting shall be submitted for confir- mation or amendment, and after they have received the approval of the majority of the Members present, shall be signed by the Chairman. COMMITTEE (101) The Clerk shall be the Secretary of all SECRETARY Committees of the Council and may DUTIES assign the duties of Secretary of any Committee to an employee in the Clerk's Department. It shall be the duty of the Secretary of every Committee: (1)To cause notice of each regular and special meeting of the Committee, together with the agenda and all mat- ters so far as are known that are to be brought before the Committee at that meeting, to be sent to each Member of the Committee. (2) To ensure that each Member receives the agenda at least on the day preced- 34 ing the meeting of the Committee. The Mayor and the Heads of the various Civic Departments shall also be noti- fied of that meeting. (3) To attend all meetings of the Com- mittee and to record the Minutes, orders and requests of the meetings. (4) To notify appropriate City Officials of any orders made by the Committee which are to be acted or reported upon, without the orders of the Council. PART 22 - STANDING COMMITTEES ( 102) The general duties of all the Standing and STANDING/ Special Committees of the Council shall SPECIAL be: COMMITTEE (1) (a) To report to the Council whenever DUTIES desired by the Council, and as often as the interest of the Corporation may require, on all matters connected with the duties imposed on them and to recom- mend appropriate action. (b) Special Committees shall report to the Council through the Admin- istrative Committee unless other- wise directed by Council. (2) To consider and report on any and all matters referred to them by the Council or the Mayor and every such report shall be signed by the Chairman. (3) To adhere, in the transaction of all business, to the rules prescribed by the by-laws of the Council. 3.5 (4) Whenever, at the conclusion of the last meeting, there is any undisposed of matter on the agenda, to forward that matter to the incoming Committee of the following year for consideration. (5) Committees shall include in their reports to Council, for information under a heading "Other Action by Committee", a listing of the actions taken by Committee on all agenda items not reported. A member of Council may only refer back for consid- eration with direction by the mover of the motion, without debate, any item listed under "Other Action by Committee" that they wish to have fur- ther discussion on. ADMINISTRATIVE COMMITTEE ADMINISTRATIVE (103) All matters not assigned to any other COMMITTEE Standing Committee shall be under the DUTIES jurisdiction of the Administrative Com- mittee and shall include the following: (1 ) to recommend to Council all Corpor- ate policies and strategies; (2) to consider and make recommenda- tions to Council on all personnel mat- ters. Act as the bargaining committee where required in negotiations with representatives of the employees, par- ticularly pertaining to collective agree- ments between the Corporation and the Unions representing employees; (3) to consult with the City Solicitor with respect to the taking of such action as is deemed advisable and expedient by the City Solicitor in the conduct of any litigation or other matter and to make 36 recommendations and to report to the next meeting of Council; (4) to recommend to Council any course of action to be taken with respect to any matter which, in the opinion of the Administrative Committee, is urgent or is in the nature of an emergency; (5) all matters relating to the City Mana- ger's Office, City Clerk's Department, Legal Department, Finance and Management Services Department, Internal Audit Department, Corporate Services Department and Fire Department of the Municipality; (6) to prepare annually prior to February 15, a proposed budget of all proposed 5-year capital plan expenditures and current budget expenditures and rev- enues by all departments and local boards reporting directly to the Administrative Committee and submit the proposed budget to the Budget Committee for its consideration; (7) all matters relating to legislation deal- ing with the rules and regulations of the proceedings of Council and Committees and any other matters relating to municipal elections and the electoral system; (8) review and recommend to Council, matters relating to the purchasing of goods and services, construction ten- ders, awards of contracts and requests for proposals. BUDGET COMMITTEE (104) The duties of t: .e Budget Committee shall BUDGET be to: COMMITTEE DUTIES 37 (1 ) review and recommend to Council, for approval after review by Standing Committees, the annual current budget, 5-year Capital Plan and use of reserve funds; (2) review corporate financial policies and make recommendations to Council for approval; (3) review the Corporation's financial status on a regular basis; (4) monitor and review items referred from Standing Committees that have financial implications that were not identified in the approved current or capital budget or were not previously approved elsewhere. ECONOMIC DEVELOPMENT COMMITTEE ECONOMIC (105) The duties of the Economic Development DEVELOPMENT Committee shall be to develop and recom- COMMITTEE mend to Council strategies and policies DUTIES relating to: (1 ) attracting industrial and commercial development, fostering small busi- ness, enhancing the image of Scarborough, promoting tourism, attracting conventions, international alliances, business retention, and major events related to the Economic Development Department's mandate; (2) to prepare annually, prior to February 15, a proposed budget of all proposed current expenditures by the Economic Development Department and submit to the Budget Committee for its con- . P_ sideration. 38 PLANNING AND BUILDINGS COMMITTEE (106) The duties of the Planning and Buildings PLANNING AND Committee shall be to study and report to BUILDINGS Council on all matters related to the COMMITTEE Planning and Buildings Department DUTIES including: (1 ) The Official Plan and amendments and Zoning By-Laws and amendments; (2) Other matters which, under The Planning Act, require Council approval and which have not been delegated or assigned to any other Committee or person; (3) The preparation annually, prior to February 15, of a budget of all pro- posed current expenditures and rev- enues by the Planning and Buildings 1 Department and to submit the pro- posed budget to the Budget Commit- tee for its consideration; (4) The preparation of a work schedule for bi-annual review and comment by Council; (5) all matters relating to the Buildings and Property Standards divisions of the Planning and Buildings Department and associated by-laws and to recom- mend to Council appropriate measures to protect the public safety and wel- fare; (6) to report upon the request of the Budget Committee, revisions affecting all expenditures in the five-year Capital Works Program for the Planning and Buildings Department. 39 RECREATION, PARKS AND CULTURE COMMITTEE RECREATION, (107) The duties of the Recreation, Parks and PARKS AND Culture Committee shall be to study and CULTURE report to Council on: COMMITTEE (1 ) matters relating to the operation of the DUTIES Recreation, Parks and Culture De- partment and the associated buildings and lands including recreational and instructional programs, sports activi- ties, cultural activities, citizen activities and all matters concerning the devel- opment and operation of parks, recre- ational areas, playgrounds, athletic fields, arenas, auditoriums, community centres, swimming pools, tennis courts, stadia, museums, and other facilities under the jurisdiction of the Recreation, Parks and Culture Department; (2) to prepare annually, prior to February 15, a proposed budget of all proposed current expenditures and revenue by the Recreation, Parks and Culture De- partment and to submit the proposed budget to the Budget Committee for its consideration; (3) to prepare annually, prior to February 15, a budget of all proposed capital expenditures for the current year by Recreation, Parks and Culture Depart- ment and to submit the proposed budget to the Budget Committee for its consideration; (4) to report upon the request of the Budget Committee, revisions affecting all Recreation and Parks Department 40 expenditures in the five-year Capital Works Program; (5) to review and report to Council on all matters relating to social service devel- opment in the City of Scarborough including: (a) the review and formulation of poli- cies to address present standards and funding levels of social com- munity services in Scarborough, recognizing existing jurisdictional mandates; (b) the initiation of policies that will encourage land use planning, development and transportation, to recognize the need and provide for social development orograms in Scarborough; (c) the receipt of reports from Human Services of Scarborough on social development issues; (d) the review and formulation of poli- cies dealing with cultural celebra- tions and festivals within the City of Scarborough; (6) to report as required on the review of feasibility studies for Council's informa- tion. WORKS AND ENVIRONMENT COMMITTEE (108) The duties of the Works and Environment WORKS AND Committee shall be to study and report to ENVIRONMENT Council on all matters relating to services COMMITTEE performed by the Works and Environment DUTIES Department including: 41 1 I (1 ) sewers, roads, drains, lanes, alleys and public thoroughfares, except those that specially pertain to other Boards or Committees; (2) regulations for the control of drains and fences necessary for public safety and welfare; (3) all matters relating to the collection, disposal and recycling of garbage and the control of weeds as regulated under The Weed Control Act; (4) all matters connected with public safe- ty on Highways in the Municipality including general or specific traffic and pedestrian regulations, the installation of street lights, the protection of motorists and pedestrians at railway crossings, street naming, traffic sig- nals, street and traffic signs, pedestri- an crosswalks and house numbers; (5) all matters relating to transit facilities that are or may be required for the general welfare and convenience of the public; (6) the review of environmental issues in the context of corporate initiatives; (7) the review and consideration of reports of the Environmental Adv)sory Com- mittee; (8) all proposed current expenditures by the Works and Environment Depart- ment and submission to the Budget Committee for its consideration; (9) to prepare annually, prior to February 15, a budget of all proposed capital 42 expenditures of the current year by the Works and Environment Depart- ment and to submit the proposed budget to the Budget Committee for .its consideration; (10) to report upon the request of the Budget Committee, revisions affect- ing all Works and Environment Department expenditures in the five- year Capital Works Program. PART 23 - AMENDMENTS (109) No amendments or repeal of this by-law shall be considered at any meeting of the Council unless notice of the proposed amendment or repeal was given at a pre- vious regular meeting of the Council and the Council may not waive this notice. (110) By-law 22439, as amended, is repealed. READ a FIRST, SECOND and THIRD time and passed in open Council this 18th day of January, 1995 and this 28th day of February, 1995. J. TRIMMER Mayor D. WESTWATER Clerk 4 The Corporation of the Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell, Ontario By-Law 96-21 ( 6 0.) 39 ') Being a By-Law to Layout and Establish a Road Allowance known as Hurley Lane. WHEREAS the Municipal Act R.S.O. 1990, c. M.45, s.297, as amended provides that; (1) The council of every municipality may pass by-laws, (a)for establishing and laying out highways; (b)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 for 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 Council deems it expedient to layout and establish a road allowance known as Hurley Lane; NOW THEREFORE the Council of the Corporation of Village of Port Burwell enacts as follows; 1. That Hurley Lane as described on Schedule "A" attached hereto is hereby laid out and established as a highway. 2. That the Administrator/Clerk-Treasurer be authorized and to instructed to register a copy of this bylaw in the Registry Office of the Registry Office of the County of Elgin. 1 Read a first and second time this 26th day of November, 1996. /4' -/.;': Ree 4 � ,„,e: Achministra .', rk-Treasurer Read a third time and finally passed this 11th day of March, 1997. .........„- d Re/ /_ . A.minist;a .r/Clerk-Treasurer i 2 Schedule "A" Bylaw 96-21 All and singular that certain parcel or tract of land and premises situate, lying and being in the Village of Port Burwell, County of Elgin and being composed of the whole of Parts 3 and 7 of Registered Plan 11 R-6029. 3 1Trr) 11 V�OF PORT8,, t 40. THE CORPORATION OF THE .11111hi . VILLAGE OF PORT BURWELL PO. Box 10,Port Burwell,Ontario NO) I TO r• telephone (S 19)874-4343 • fax (519) 874-4948 ,;E jftilk home page:http://www-kanservu.ca.burwell Ohoiemair.* Memo PORTUS REFUGIUM Date: November 21, 1996 To: Council From: D. Free Re: Road Dedication, Hurley Lane Council: Pursuant to the acquisition of the lands at the intersection of County Road #39 and County Road #42 and the acquisition of Part 3 and Part 7 of Reference Plan 6029 it is necessary for the municipality to assume the existing Right of Way as a municipal road. This area was previously a County Road and was transferred to the municipality as part of the previously said land acquisition. The attached bylaw 96-21 provides the authority, direction and commences the process towards formalizing the road and name for all time. I would request that Council consider the attached. David R. Free Encls. RDC lSGO2.MEM David R.Free,CET,AMCT • Administrator/Clerk-Treasurer The Corporation of the Village of Port Burwell PO Box 10 21 Pitt Street Port Burwell ON NOJ 1T0 By-Law 96-22 ( 5 0 9 Being a by-law to authorize the Reeve and the Administrator/Clerk-Treasurer to enter into an Agreement with Cambridge Landscaping Ltd. for the purpose of the construction of the Port Burwell Market Square Passive 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 the municipality has publicly tendered for the construction of the Market Square Passive Park Project in accordance to its purchasing policies, and; Whereas Corporation of the Village of Port Burwell is desirous to enter into the an Agreement forming with Cambridge Landscaping Limited for the purpose of the construction of the Port Burwell Market Square Passive Park for a fixed fee contract amount of$54,616.72. NOW THEREFORE the Council of the Corporation of the Village of Port Burwell hereby directs the Reeve and the Administrator/Clerk-Treasurer to execute the Agreement with Cambridge Landscaping Limited attached hereto in triplicate forming Schedule "A" of this bylaw. Read a first and -•cond time this 9th day of April, 1996 �_r MIK Ftra - lerk- Tr••s.rer �J• Re f4 4 .- • 3 %Read •t ird .nd finally passed on this 9th day of April, 1996 •'Ad lit .r Cle reas r - e .... ..r•r..•.«•.err r.�•r�I1..r .. .. r.....ar.•r•..•r!•..rr•.v.. ...�....wl.....a1 • Standard Cefttarosl se Oesjml N-CCOC 2-11Q AGREEMENT BETWEEN OWNER AND CONTRACTOR for use when a stipulated price forma the basis of payment and to be used only with the General Conditions of the Stipulated Price Contract. This Agreement made on the. . tt1G_' day of Ai:t\ in the year nineteen hundred and. . .1- 1)C. . .-3 t`{, • by and between . .CaTIC:(0.31 Cry. .cc. . . i ham. . V.►.\1.4 c.. . t hereinafter called the "Owner" and - -1 . C p xr�ICl.�c�q�. . Att..nale041 f?C�. . .Z cc(,Q.crcdeck hereinafter called the "Contractor" witnesses: that the parties agree as follows ARTICLE A-1 THE WORK The Contractor shall: ,�1 -1 gal perform the Work required by the Contract Documents for Mar larks.* fanser'here me nr/e o/the work end the Protect, which have been signed by the parties. and which were prepared by JI.ir . )SLLk1 . Gtup acting as and hereinafter called the "Consultant"and lb/ do and fulfill everything indicated by this Agreement,land Icl commence the Work by the . . 1.571.14 . . . day of . . .A.pc l 1 19 q(0and attain Substantial Performance of the Work, as certified by the Consultant, by the 3 r . day of 19.cuj • ARTICLE A-3 CONTRACT PRICE The Contract Price is... Act :-Fri.ON n . . .Frppend.r ...`.SEL . dollars (i • St-1 ( \L( '7a ) in Canadian funds, which price shall be subject to adjustments as may oe 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 ocINNN3 percent ( ?r' 96), 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 oay to the Contractor the unpaid balance of the Contract Price then due. (b) In the event of loss or damage occuring where payment becomes due under the property and boiler insurance policies, payments shall be made to the Contractor in accordance with the provisions of GC 20 — INSURANCE. (c) If the Owner fads 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 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. (b) No action or failure to act by the Owner, Consultant or Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. 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 i-Cpm . name To, .1C. P . .ISI ��;•. n 7- �$ so r .TC�m. �tilrsb�t�- n •, syncU ^ .. nets 61$7ki d.(CtcC.AC< S.U. -c� . . .,J�l ...t.-w I .C oto,n i 1.1 ,,tire and tide "fid �. t-�� name end oro CONTRACTOR nems \. Ca,rbr.�.dce .cam. . . . . Olia-€4°�'id 0t)A) G K nems era ride signorine W rnest l, i�--/.�.e I tit nems and ride name and tide )L.- • 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 authonzed to sign the Agreement for and on behalf of the corporation or partnership, parties e.,.ro..,nnt ehnierl hw attached of PORT e� `�Gt 9 F THE CORPORATION OF THE 0/7e7( VILLAGE OF PORT BURWELL =� P.O.Box 10,Port Burwell,Ontario NOJ I TO = telephone (519) 874-4343 • fax (519) 874-4948 PORTUS REFUGIUM April 10, 1996 Cambridge Landscaping RR #1 Cambridge ON N 1 R 5S2 Attention: Mr. Mike Sheardown Dear Mr. Sheardown Please find enclosed three copies of the agreement between the Corporation of the Village of Port Burwell and your company as well as a certified copy of our by-law 96-22, a by-law to authorize the municipality to enter into an agreement with your company for works at the Market Square Project. Please sign and return two copies of the agreement for our files and retain the third copy for your files at your earliest possible convenience in order that works may commence. I 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 vi . Free, CET, AMCT Adr iinistrator/Clerk-Treasurer Encls. David R.Free,CET,AMCT• Administrator/Cleric-Treasurer SECTION 00300 FORM OF TENDER SUMMARY OF TENDER PRICES BID PRICE SECTION 1 $ /fi o S 9. 7 SECTION 2 $ 99 X3.8'7 SUB-TOTAL $ ,,S/ 043. 7%G.S.T. $ 3573.do TOTAL TENDER PRICE $ S4 6 /6. 7-2, Contractor's Time of Substantial Completion is fifteen(15)Working Days. UWe agree that we have received addenda O to O inclusive, and the tender price includes the provisions set out in such addenda. b Lasc4TENDER BY: m f dqe, rcl FIRM NAME J J (COMPANY SEAL) �lGl '' • CTOR'S SIGNATURE i RR. I ADDRESS 0_,C2m.b r„d�!e NIR 6s� CITY POSTAL CODE S19-10X-1 173 519-7/0-7743 TELEPHONE FAX NO. CONTRACTOR'S TELEPHONE 519-6Z— I) 3 (for night and emergency calls) A Certified Cheque is hereto attached in the amount of(twenty), 20%of the bid price. 1 . . • We, the undersigned, have carefully examined the locality and site of the proposed works and all tender documents relating thereto, including the Drawings, Form of Tender, Instruction to Bidders, Form of Agreement, General Conditions, and Specification Notes, for the construction of The Port Burwell Market S . .uid heich. [Lucie' to carr} out the said %%ork in accordance ..illi aii tlic .o;idition, and tcrnis of said tender documents and plans. We agree to furnish all labour, equipment, plant, materials and supervision required to complete the said works within the specified completion time of twenty(20)working days. UNIT PRICE SCHEDULE We hereby submit a complete cost of breakdown of our Tender, all in accordance with the drawings and specifications, the total aggregating the amount of our Tender. The following Unit Prices include all labour, materials, installation,overhead, profit and all relative charges of the Contractor and represent the actual cost to the Corporation. All costs for earth excavation, bedding, backfill, compaction, testing, disposal of excess and/or unsuitable material,supporting and maintaining existing material,reinstatement of working area and cleanup as required,are to be included in the unit bid prices where applicable. The Unit Prices may be used for computing additions to and deductions from the scope of work included in this Contract. All items within the Unit Price Schedule must be completed to validate the tender submission. An incomplete unit price schedule will result in rejection of the tender submission. For the purpose of this contract,the Corporation reserves the right to award part or all of these items to the successful bidder. SECTION 1 Item Quantity Unit Unit Price Tender Price 1.1 Supply and install concrete unit paver court consisting of cobble 100, colour antique huff. pattern stack bond and cobble 200 soldier course, colour charcoal. pattern stack bond,over 25 mm sharp mason sand leveling bed over 200 mm granular A over compacted subgrade. Pavers by Pavestone Plus, Cambridge, / p Ontario or Approved equal. 135 SQ.M. $ 6/• �Z $ Y.34'5.7C 1.2 Supply and install cedar wood fence �j 31.68m, as indicated on the drawings 31.68 L.M. $ LS�,,37 $ J�' 77770 1.2.1 ALTERNATIVE PRICE. DO NOT INCLUDE IN SECTION SUMMARY Supply and install pressure treated wood fence 31.68m, as indicated on the drawings 31.68 L.M. $ 155 5y $ 0? 1.3 Supply and install cedar wood fence along East property line of the sports court. pp '/p Details as indicated on drawing L-4. 20 L.M. $ /87 yf $ 3774.Z 1.3.1 ALTERNATIVE PRICE. DO NOT INCLUDE IN SECTION SUMMARY Supply and install pressure treated wood fence along East property line of the sports / / court. Details as indicated on drawing L-4. 20 L.M. $ 154 65 $ 1.4 Supply and install poured-in-place concrete wall complete as indicated on L-1 and L-4. 1 L.S. $C7��1p3 $ 57 731/ 1.5 Supply and install 3000 mm wide wood pier complete as indicated on drawings L-1 and L-3. I L.S. $,sazy $5493 /9 1.6 Supply and install 300 mm dia. cedar pier posts as indicated on drawings L-1 and L-4. Heights of posts vary from 900mm to 1200mm above grade. Posts along the back of the pier are to be 1000mm above finished grade. 8 EA. $ /96.35 $/576.ga 1.7 Supply and install Flagpole in location as indicated on drawing L-1. Installation as per manufacturers specifications complete with concrete footing, minimum 300 mm dia. x 1200 mm in depth. 1 I..S. $ gj 1/6 $,,W575�G 1.8 Supply and install benches(3)as indicated in locations on drawing L-1. Installation as per manufacturers specifications complete with concrete footings 300 mm dia. x 1200 mm in depth(refer to note 27 on L-1). 3 EA. $Joy/ 7,.Z3 3305/(Q 9 1.9 Supply and install trash receptacle(1) in locations to be identified in the field. Installa- tion as per manufacturers specifications complete with concrete footing minimum 300 mm dia. x 1200 mm in depth (refer to note ?7 on I -11 1 1 .S. $_ 3 706•;.3 1.10 Relocation of existing electrical conduit and p concrete pad as indicated on drawing L-1. 1 L.S. $ Q $ S73g.2I 1.11 Removal of existing wall(2000 mm+/-)to allow ramped access into court at north end ,�!//�b �/ as indicated on drawing L-1. 1 r j2/4. 2/_' $ v `7� .4 5 1.12 Supply light fixture and pole by Zed Lighting model Zenith Z 10E,Colour Blue, 70 Watt Metal Halide pole no. P 1 144A-12-BK location in the vicinity of the concrete conduit pad to be verified in the field. Concrete footings as per manufacturers specifications(refer to note C 29 on L-1). 1 l..S. $2 _07 0.5.33 07 SUB TOTAL SECTION 1 $ A_ $4/Q;9,79 (Transfer to ouu►waiy Sheet) . .. SECTION 2: PLANTING Item Quantity Unit Unit Price Tender Price 2.1 Planting materials to be installed as per planting detail on L-2. All plants to include 75 mm shredded bark mulch spread uniformly to cover soil in individual tree locations and shrubs in beds. DECIDUOUS TREES 2.1a Ostyrya virginiana(Ironwood) 5 60mm cal. WB $ 2W.J.3 $ 114045 DECIDUOUS/CONIFEROUS SHRUBS 2.2a Euonymus fortunei sarcoxie(Sarcoxie Euonymus) 7 40cm FP $ it $ /5 ,1' ' 2.2b Hypericum patulatum sunburst (Sunburst Hypericum) 25 40cm FP $ 1a.71 $ ,3I775 2.2c Juniperus horizontalis yukon belle(Yukon Belle Juniper) 25 50cm FP $__ ;an $ 395 2.2d Juniperus sabina tamariscifolia(Tamarix Juniper) 18 50cm FP $ $ •• 2.2e Rubus(Flowering Raspberry) 6 60cm FP $ __AM $ ::M 2.2f Sorbaria sorbifolia(False Spirea) 16 60cm FP $ I4`� $ .. s. — 2.2g Stephanandra incisa crispa(cutleaf •Stephanandra) 16 40cm FP $ •I $ 2.2h Taxus cuspidata nana(Dwarf Japanese Yew) 12 50cm FP $_ = $ rr� 2.2i Viburnum opulus compactum (Dwarf Highhuch Cranberry) 15 60cm FP $. 1 S,y7 $ a1(3._05 GRASSES/PERENNIALS • 2.3a Phalaris arundinacea picta(Ribbon Grass) 51 potted $ /033 $ _ • • • 2.3b Festuca ovina glauca(Blue Fescue Grass) 28 potted $ 4 ' $ 2.3c Hemerocallis blackcherry(Daylilies) 81 potted $ C %MIR,• 2.3d Hosta"Royal Standard"(Funkia) 12 potted $ 114 $ Jil. 2.3e Hemerocallis Hall's Pink(Daylilies) 27 potted $ L.• $ - . • 2.4 Supply and install 100-150 mm dia. riverstone in planting areas around the 1421/ wall and behind the pier. 20 SQ.M. $ '4$ 21/DG 2.5 Supply and install 15 (900-1200 dia.) beach rocks in planting areas around the wall and behind the pier. 15 EA. $J40.77 . $.1 55 2.6 Supply and install plant material along the east fence of the sports court(single row)consisting of: Spirea bumalda anthony waterer, ( Anthony Waterer Spirea / not listed on plant list). 20 40cm FP $, 1J.7/ $ 254 2.7 Supply and install plant material at the sports court consisting of 25 Rosa alba (Shrub Rose not listed on plant list). • Location to be verified on site. 25 40cm FP $ iq $ ,21S.540 2.8 Supply and install plant material at the sports court consisting of 2 Pyrus calleryana "chanticleer",(Chanticleer Pear (not listed on plant list). Location to `' be verified on site. 2 60mm cal $ : •,W $ 4146., 2.9 Supply and install plant material at the sports court consisting of 1Gymnocladus dioicus,(Kentucky Coffee Tree not listed on plant list). Location to be verified on site. 1 50mm cal $ /116.33 $ hYL. i3 SUB TOTAL SECTION 1 $ 14/ __ $ 99 '3. (Transfer to Summary Sheet) UNIT PRICES The foregoing quantities being only approximate, we, the undersigned, agree to accept final payment on the actual quantities measured at the 'Unit Price' rates given above. We also agree to accept payment for materials supplied and work done, in addition to the regular Contract, based on the above Unit Prices. Extra work done in written order of the Project Engineer/Coordinator shall be paid for on the basis of mutually acceptable rates to be established before any such work is commenced. We agree that no work shall be done or materials supplied without a written order from the Project Engineer/Coordinator, if such work or materials are not covered in the Contract Documents or which do not conform to the estimated quantities in the Form of Tender. We also agree not to sublet any portion of the work without first obtaining the written consent of the Project Engineer/Coordinator. We also agree for the purposes of this Contract, that the Corporation reserves the right to award part or all of the unit prices tendered. SIGNATURE OF BIDDER: 111La,'4,/ NA• .n / ADDRESS: R. 2ambrfeije.- Oil NIR ss; - SCHEDULE 'A' CONTRACTORS REFERENCE STATEMENT Each tenderer shall list below the names of Municipalities where work of a similar nature has been performed within the past three(3)years. S VALUE OF YEAR i DES RIP[ION OF WORK COMPLE fED I MUNICIPALITY I CONTRACT 19C1141 1995 ScAva3e. e1d,Sctse_bal� Vac_t � - Cec�cac�e S i _fam`Utsi e_ 11 al 000. o0 n %€.1d te�c.c► r^ , I;g��; n , 4-0i)SO � � Sod ) CTleoC er I°\5 �esuccec� �or� t School w.C. R. C. SS. S 1000,000:'6 e,ccg oa}� a ce_ tee_ SO► ArOtr (:)60oa\\ ar•OV o` SO ev- one. Cuffs ,�S, drainer C�1 cc i o,�. , '� ac.a r‘a � a 1 Q.N d e ) o - rood' • ZOr�e n'\ ` SOda. / tgg5 " `moi�y }ktK , coilcre_'�- � tl ► �-, (�(\ 11A-6(N- 6t Ur * Qaue.vs , seedih�, P�an4))�ct \ Y i CHED SSULE'B' aC�y���i,.+_�R�/ACTORS PROPOSED SUPERVISORY STAFF Supervisory Staff to be employed on this Contract: NAME 1 POSITION QUALIFICATIONS AND EXPERIENCE (\ eko care. es ia.y,-k- a6 eacs ,,oar Jec ec�' Coat-dim-6- I L ears �oe.ve�c�. Pre; It 6- S rdowr•-- eet £s4 rna1-or P. leafs i Van , o�o4r Sire. St./ec yNk-erdterk' % ears ]� reg C os Vo— S St.c fec r-\.erolen-k • ID-- y ea e3 SCHEDULE 'C' CONTRACTORS PROPOSED EQUIPMENT SCHEDULE Equipment to be used on this Contract: NAME DESCRIPTION OF EQUIPMENT CHECK WHETHER WHOLLY OWNED I RENTED (1 mc.. 'rte acro c- t -I rail a c- X Commercial i-racAoc w ' iM 1lame<.�g l�ber' t i rE. O aotec• /Por k!. - S k'a s\-e.ec I oe.o1es` 13oc kho e✓ X SUBCONTRACTOR The tenderer shall list hereunder the names and trades of all Subcontractors he proposes to use under the contract: SUBCONTRACTOR ADDRESS TRADE 4r,. ' nc riexl-r►cat Pork" ucwe11 rfc...ay )151t. L It is understood by the Tenderer that the list of Subcontractors is complete and that no additions to this list will be permitted after the closing date of Tenders. WESTERN SURETY COMPANY 2000-1874 Scarth Street,P.O. Box 527,Region,Saskatchewan,S4P 2G8 CCDC 220 1979 BID BOND No: 11-1-250272 $ 20% OF ATTACHED TENDER KNOW ALL MEN BY THESE PRESENTS THAT CAMBRIDGE LANDSCAPING INC. as Principal hereinafter called the Principal, and WESTERN SURETY COMPANY a corporation created and existing under the laws of Canada and duly authorized to transact the business of Suretyship in Canada as Surety, hereinafter called the Surety, are held and firmly bound unto THE VILLAGE OF PORT BURWELL as Obligee hereinafter called the Obligee, in the amount of TWENTY PERCENT OF ATTACHED TENDER Dollars ($20% OF ATTACHED TENDER ) lawful money of Canada, for the payment of which sum, well and truly to be made, the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a written tender to the Obligee, dated MARCH 8, 1996 for CONSTRUCTION OF MARKET SQUARE PARK, TENDER NO 96-02, PROJECT K70232 NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if the aforesaid Principal shall have the tender accepted within SIXTY(60)days from the closing date of tender and the said Principal will, within the time required, enter into a formal contract and give the specified security to secure the performance of the terms and conditions of the Contract, then this obligation shall be null and void; otherwise the Principal and the Surety will pay unto the Obligee the difference in money between the amount of the bid and the said Principal and the amount for which the Obligee legally contracts with another party to perform the work if the latter amount be in excess of the former. The Principal and the Surety shall not be liable for a greater sum than the specified penalty of this Bond. Any suit under this Bond must be instituted before the expiration of six months from the date of this Bond. IN WITNESS WHEREOF, the Principal and the Surety have Signed and Sealed this Bond dated March 5, 1996. SIGNED and SEALED CAMBRIDGE LANDSCAPING INC. in the presence of /ai . rinc .!1 WESTERN SURETY COMPANY L.RI KI SW • ER, ATTORNEY IN FACT Endorsed by: ACEC CCA CCPE CSC RAIC Approved by: INSURANCE BUREAU OF CANADA WESTERN SURETY COMPANY 2000.-1874 Scar*Street,P.O.Box 527,Regina,Saskatchewan,S4P 2G8 Bond No. 11-1-250272 SURETY'S AGREEMENT TO BOND Principal CAMBRIDGE LANDSCAPING INC. (hereinafter called the Contractor) Owner THE VILLAGE OF PORT BURWELL (hereinafter called the Owner) Job In consideration of the owner accepting the tender and executing an agreement with the contractor for: CONSTRUCTION OF MARKET SQUARE PARK, TENDER NO 96-02, PROJECT K70232 Date MARCH 8, 1996 Surety WESTERN SURETY COMPANY as Surety, agrees to execute a Performance Bond on the CCDC form 221 in favour of the Owner for ONE HUNDRED (100%) percent of the contract price, conditioned for the performance of the work described herein and the contract between the Contractor and Owner. The Surety, also agrees to execute a Labour & Material Payment Bond on the CCDC form 222 for ONE HUNDRED (100%) percent of the contract price, with respect to the above mentioned project. PROVIDED HOWEVER, that the Surety's obligation shall expire SIXTY (60) days from the date of this Agreement to Bond and no action shall be taken against the Surety after the SIXTY (60) days have expired. SIGNED, SEALED AND DATED March 5, 1996. WESTERN SURETY COMPANY TLS _ /l - /J RI KIESW R, Attorney-in-fact BOND.002 LJK-1990 WESTERN SURETY COMPANY 200(1-1874 Scarth Street,P.O. Bo:527,Reyna.Saskatchewan,S4P 268 CCDC 221 1979 PERFORMANCE BOND No. 11-1-250272 $ 54,616.72 KNOW ALL MEN BY THESE PRESENTS THAT CAMBRIDGE LANDSCAPING INC. as Principal, hereinafter called the Principal, and WESTERN SURETY COMPANY a corporation created and existing under the laws of Canada and duly authorized to transact the business of Suretyship in Canada as Surety, hereinafter called the Surety, are held and firmly bound unto THE VILLAGE OF PORT BURWELL as Obligee, hereinafter called the Obligee, in the amount of FIFTY FOUR THOUSAND, SIX HUNDRED & SIXTEEN---72/100 Dollars (S 54,616.72 ( lawful money of Canada, for the payment of which sum, well and truly to be made, the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a written contract with the Obligee, dated MARCH 26, 1996 for CONSTRUCTION OF MARKET SQUARE PARK,TENDER NO.96-02, PROJECT K70232 INCLUDING A MAINTENANCE PERIOD OF ONE YEAR FROM THE DATE OF SUBSTANTIAL COMPLETION in accordance with the Contract Documents submitted therefore which are by reference made part hereof and are hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if the Principal shall promptly and faithfully perform the Contract then this obligation shall be null and void; otherwise it shall remain in full force and effect. Whenever the Principal shall be, and declared by the Obligee to be, in default under the Contract, the Obligee having performed the Obligee's obligations thereunder, the Surety may promptly remedy the default, or shall promptly 1) complete the Contract in accordance with its terms and conditions or 2) obtain a bid or bids for submission to the Obligee for completing the Contract in accordance with its terms and conditions end upon determination by the Obligee and the Surety of the lowest responsible bidder, arrange for a contract between such bidder and the Obligee and make available as work progresses(even though there should be a default, or a succession of defaults, under the contract or contracts of completion, arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract price; but not exceeding,including other costs and damages for which the Surety may be liable hereunder,the amount set forth in the first paragraph hereof. The term "balance of the Contract price", as used in this paragraph, shall mean the total amount payable by the Obligee to the Principal under the Contract, less the amount properly paid by the Obligee to the Principal. Any suit under this Bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due. The Surety shall not be liable for a greater sum than the specified penalty of this Bond. No right of action shall accrue on this Bond, to or for the use of, any person or corporation other than the Obligee named herein, or the heirs, executors, administrators or successors of the Obligee. IN WITNESS WHEREOF, the Principal and the Surety have Signed and Sealed this Bond DATED April 9, 1996. SIGNED and SEALED CAMBRIDGE LANDSCAPING INC. in the presence of / Gt/zQ ' WEST- SURETY COMPANY LORI KIESWETT:' ATTORNEY IN FACT Endorsed by: ACEC CCA CCPE CSC RAIC Approved by: INSURANCE BUREAU OF CANADA i) in respect of any claim for the amount or any portion thereof, required to be held back from the Claimant by the Principal, under either the terms of the Claimant's contract with the Principal,or under the Mechanics' Liens Legislation applicable to the Claimant's contract with the Principal, whichever is the greater, within one hundred and twenty(120)days after such Claimant should have been paid in full under the Claimant's contract with the Principal; ii) in respect of any claim other than for the holdback, of portion thereof, referred to above, within one hundred and twenty (120) days after the date upon which such Claimant did, or performed, the last of the work or labour or furnished the last of the materials for which such claim is made under the Claimant's contract with the Principal; b) after the expiration of one(1)year following the date on which the Principal ceased work on the Contract, including work performed under the guarantees provided in the Contract; c) other than in a Court of competent jurisdiction in the Province or District of Canada in which the subject matter of the Contract or any part thereof is situated and not elsewhere, and the parties hereto agree to submit to the jurisdiction of such Court. 4. The Surety agrees not to take advantage of Article 1959 of the Civil Code of the Province of Quebec in the event that, by an act or an omission of a Claimant, the Surety can no longer be subrogated in the rights, hypothec and privileges of Said Claimant. 5. Any material change in the contract between the Principal and the Obligee shall not prejudice the rights or interest of any Claimant under this Bond, who is not instrumental in bringing about or has not caused such change. 6. The amount of this Bond shall be reduced by, and to the extent of any payment by the Surety of Mechanics' Liens which may be filed of record against the subject matter of the Contract, whether or not claim for the amount of such lien be presented under and against this Bond. 7. The Surety shall not be liable for a greater sum than the specified penalty of this Bond. IN WITNESS WHEREOF, the Principal and the Surety have Signed and Sealed this Bond April 9, 1996. SIGNED AND SEALED in the presence of CAMBRIDGE LANDSCAPING INC. 62‘&104,1 4117 IQ • w • ' V COMPANY RI KIESWETTE' , ATTORNEY IN FAC — y Endorsed by : ACEC CCA CCPE CSC RAIC Approved by: INSURANCE BUREAU OF CANADA UK-1990, WESTERN SURETY COMPANY 2000- 1874 Scarth Street.P.O. Box 527.Regina,Saskatcbewaa,SAP 2G8 LABOUR AND MATERIAL PAYMENT BOND CCDC 222, 1979 (TRUSTEE FORM) No. 11-1-250272 $54,616.72 Note: This Bond is issued simultaneously with another Bond in favour of the Obligee conditioned for the full and faithful performance of the Contract. KNOW ALL MEN BY THESE PRESENTS THAT CAMBRIDGE LANDSCAPING INC.as Principal hereinafter called the Principal, and WESTERN SURETY COMPANY a corporation created and existing under the laws of Canada and duly authorized to transact the business of Suretyship in Canada as Surety, hereinafter called the Surety are, subject to the conditions hereinafter contained, held and firmly bound unto THE VILLAGE OF PORT BURWELL as Trustee hereinafter called the Obligee, for the use and benefit of the Claimants, their and each of their heirs, executors, administrators, successors and assigns, in the amount of FIFTY FOUR THOUSAND, SIX HUNDRED &SIXTEEN- 72/100 Dollars ($54,616.72 ) of lawful money of Canada for the payment of which sum well and truly to be made the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a written contract with the Obligee, dated the MARCH 26, 1996, for CONSTRUCTION OF MARKET SQUARE PARK, TENDER NO. 96-02, PROJECT K70232 which Contract Documents are by reference made a part hereof, and are hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if the Principal shall make payment to all Claimants for all labour and material used or reasonably required for use in the performance of the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1. A Claimant for the purpose of this Bond is defined as one having a direct contract with the Principal for labour, material, or both, used or reasonably required for use in the performance of the Contract, labour and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment directly applicable to the Contract provided that a person, firm or corporation who rents equipment to the Principal to be used in the performance of the Contract under a contract which provides that all or any part of the rent is to be applied towards the purchase price thereof, shall only be a Claimant to the extent of the prevailing industrial rental value of such equipment for the period during which the equipment was used in the performance of the Contract. The prevailing industrial value of equipment shall be determined, insofar as it is practical to do so, in accordance with and in the manner provided for in the latest revised edition of the publication of the Canadian Construction Association titled -Rental Rates on Contractors Equipment" published prior to the period during which the equipment was used in the performance of the Contact. 2. The Principal and the Surety,hereby jointly and severally agree with the Obligee,as Trustee,that every Claimant who has not been paid as provided for under the terms of his contract with the Principal, before the expiration of a period of ninety (90) days after the date on which the last of such Claimant's work or labour was done or performed or materials were furnished by such Claimant, may as a beneficiary of the trust herein provided for, sue on this Bond, prosecute the suit to final judgment for such sum or sums as may be justly due to such Claimant under the terms of his contract with the Principal and have execution thereon. Provided that the Obligee is not obliged to do or take any act, action or proceeding against the Surety on behalf of the Claimants, or any of them, to enforce the provisions of this Bond. If any act, action or proceeding is taken either in the name of the Obligee or by joining the Obligee as a party to such proceeding, then such act, action or proceeding, shall be taken on the understanding and basis that the Claimants;or any of them, who take such act,action or proceeding shall indemnify and save harmless the Obligee against all costs, charges and expenses or liabilities incurred thereon and any lou or damage resulting to the Obligee by reason thereof. Provided still further that, subject to the foregoing terms and conditions, the Claimants, or any of them may use the name of the Obligee to sue on and enforce the provisions of this Bond. 3. No suit or action shall be commenced hereunder by any Claimant: a) unless such Claimant shall have given written notice within the time limits hereinafter set forth to each of the Principal, the Surety and the Obligee, stating with substantial accuracy the amount claimed. Such notice shall be served by mailing the same by registered mail to the Principal, the Surety and the Obligee, at any place where an office is regularly maintained for the transaction of business by such persons or served in any manner in which legal process may be served in the Province or other part of Canada in which the subject matter of the Contract is located. Such notice shall be given Z0'd XS6 P :91 9,I-+,ii -CEIW TEYF'INSURANCE .. LssuEoaTIE vuoe.v 1995/07106 NMMOCLIt THIS CERTIFICATE TS ISSUED AS A MATTER OF INFORMATION-OMEN AND Warnock Wilkins Reknann Insurance Brokers CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE Inc DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BV THE 24 Queens Square POLICIES BELOW Cambridge,ON NIS 1116 Business : (519)621-9211 COMPANIES AFFORDING COVERAGE Fax: (619)740-05Th (519)621.9211 �.""" A HMI=Insurance* COMPAMN r+sURfo COMERCOMPSWI Cambridge Landscaping Inc.• WW1 G R.R.S1 . ._. -. .... .. '... Cambridge,ON N1R 5S2 Mar NC"' E COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY 8E ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS c0 POLICY EFFICTVi POLICY EXPIRATION LIR TYPE OF INSURANCE POLICY NUMBER DATE tM1WOPYY) DATA(WIDOWY) Ulan GENERAL LIASIUTY GENERAL AGGREGATE, ti 5,000,000 X COMMEEC'AL GENERA_LIABILITY PROOUCTS•COMPIOP AGG $ 5.000,000 CLAIMS 1..c) X OCCUR IIERSONAL a AOv w..'uQv s 6,000,000 A OWNER S&CONTRACTOR S PROT ESP 1075823 1996/04/12 1997/04J12 EACH OCCURRENCE $ 6,000,000 Fee DAMAGE 4 fwV. ti 6,000,000 MED EXPENSE tAry av prw.1$ AUTOMOBILE LIABILMY COMY+IEO SINGLE ANY AUTO LIMIT ALL OWNED AUTOS BOOZY sway SCHEDULED AUTOS cMr person) HMED AUTOS BOOS RAIURr NON-OMSEO AUTOS IPM IcdiMA GARAGAUMW,ITV PROPERTY DAMAGE I EXCESS LIABILITY EACH OCCURRENCE f JVBRELLA FORM AOGRE OATE $ OTHER'r AN UMBRELLA FORM STATUTORY LIMITS wOILKER'S COMPENSATION EACH ACCIDENT S ANO DISEASE—POLICY UM.T $ EMPLOYERS'UAWLI TV DISEASE—EACH EMPLOYEE 1 OTHER DESCRIPTION OP OPSRAnONSA.ocAncwSNSIYCL ESISPecuLL ITEMS It is understood and agreed that The Village of Port Burwell is added as additional Insured with respect to Liability. t!Rtl*C*TE HOLDER , ' . . . CANCELLATION „ . SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF.THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 16 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE The Village of Port Burwell LEFT BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR BOY 10 LABILITY OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES Port Burwell,ON NOJ 1TO AUTHORIZED REPRESENTA • 0:1's K INS KERWIN • t «ncan.s�rarwa� :.rs .y ,� . . 1� a ::, g v . • .CIACORD CORPORATION 1910 T0'd %S6 L99Z 9LS 6 TS 6S:0T 9661-61-204 151 FREDERICK STREET // „t„t, accent, KITCHENER, ONTARIO Clearance Certificate vl/ Moen! du Duval N2H 2M2 (5I9) 576-4130 Certificat de dacha ge The Workers'Compensation Board (WCB) hereby waives its rights under Section 11 13) (R.$.0. 1990)of the Wo w'avnaerrsatran Ac(to hold the Principal that is in a contractual agreement with the Contractor named, liable for any Section 1113) (R.S.O. 1990) liability of the Contractor for assessments and levies of the WCO owing now or within 60 days from the date of this Certificate. CONTRACTOR L'ENTREPRENEUR Par la presents. la Commission des accidents du travail (CAT)tenonea aux droits Qui Iui sont contents en vertu du paragraphs 1 1 (3)de Is LOl CAMBRIDGE LANDSCAPING INC Sur las_accrdents ah trial(L.R.O. 1990)at qui l'autortsent 8 tenir R R 1 I'erwsprcneur principal.qui a sigh une entente contractuetle avec CAMBRIDGE ON ['entrepreneur dont le Thom figure sur le present certificat. responsable du N1R 532 pa.emant de touts Coasation nu de touts somme Qua l'envepreneur est tenu de verser a Is CAT immediatement ou dans les 60 jour$savant is date ind+Quee sur Ce CertifICpt. THIS CERTIFICATE IS VALID FOR ALL CONTRACTS OF THE NAMED CONTRACTOR DURING THE EFFECTIVE PERIOD LE PRESENT CERTIFICAT EST VALIDE POUR TOUS LES CONTRATS PASSES PAR LEDIT ENTREPRENEUR PENDANT LA PERIODE D'APPLICATION DU CERTIFICAT Vsbd gax when rig'sd by an.uthw.s.d Officer of the WC8. Non vat *sans/a signature fun pont auroral de/a CAT r .• �� i t 1��'�\mow\Co�� r t►t. Account No./N•de minx* Firm No.!N•d'anrlaprae E am; << � caAV~^ 4877012 240777HC .� .t• t "• �'i i Rate/T..sr Description Rate/7oux Description 0219000 LANDSCAPING/INTERL Contract Description/Deeoniption du contvat Certificate No.!N•de cMilic4t 200632227 1519470774-3 Contact the WCB if you question the validity of this document. Vowels:Communiques avec is CAT si vous doutea de la veilditi du present document. 01110C (01/$ti) IMO 'd 1.992 915 615 'ON Xd3 A38 IN X 8OM b£:01 311i 96-61-81/4W • The Corporation of the Village of Port Burwell PO Box 10 21 Pitt Street Port Burwell ON NOJ 1T0 By-Law 96-23 ( 0 0( 9 1 ) Being a by-law to establish bookkeeping policies. WHEREAS the MUNICIPAL ACT, R.S.O. 1990, Chap. M.45 s.79 as amended provides; 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. 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; AND'WHEREAS the Council of the Village of Port Burwell deems it necessary to establish policies to prescribe bookkeeping policies and procedures. NOW THEREFORE the Council of the Corporation of the Village of Port Burwell establishes the bookkeeping policies and procedures as set out in Schedule "A" of this by-law. Read a first a on. ti. e th.23 . day of April, 1996 // " Re e /. 'Ar • :m. istrator/Clerk-Treasurer Read a th- . .nd fin. e t 23rd day of April, 1996 i,iL.dir Re- e Admmi�istrator/Clerk-Treasurer r: = . The Corporation of the Village of Port Burwell PO Box 10 21 Pitt Street Port Burwell ON NOJ 1TO By-Law 97-09 Being a by-law to amend bylaw 96-23 being establish bookkeeping policies. WHEREAS the MUNICIPAL ACT, R.S.O. 1990, Chap. M.45 s.79 as amended provides; 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. 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; AND WHEREAS the Council ofthe Village of Port Burwell has pass bylaw 96-23 being a bylaw to establish policies to prescribe bookkeeping policies and procedures. NOW THEREFORE the Council of the Corporation of the Village of Port Burwell permits that the policies as enacted by bylaw 96-23 may be amended from time to time by resolution. Read a fi d secon ime this 2 nd day of April, 1997 . di...,te, 1 eve Admin' 'ator/Clerk-Treasurer Read a third.* 'nal t' r e this 22 • day of April, 1997 ii. / Ree - ,----) Admi ' ator/Clerk-Treasurer Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell, Ontario NOJ 1T0 Resolution #970422-09 April 22, 1997 Moved by: ,. Seconded by: Whereas Council has passed bylaw 96-23 being a by-law to establish bookkeeping policies, and; Whereas conflicts of interest by Council members has arisen with respect to presenting accounts payable to all of Council. Be it resolved that the Council of the Village of Port Burwell hereby amends Schedule "A" of bylaw 96-23 section 2.4.1 as follows; 2.4.1 Approval and Verification of Invoices a) There are certain types of accounts payable that can be paid by the Treasurer without referral to Council. These expenditures include those that are: fixed by bylaw or contract, approved budgets, by-laws or resolutions of Council, debentures, interest due, bills discounted, staff expenses, fixed salaries, hourly wages verified by the Treasurer, postage, duty, utilities, or excise refunds of overpayment, payrolls when certified by the officer authorized to do so, all when due or demanded. Regardless of prior approval, all expenditures are to be brought to the attention of the Council separated and numbered to acknowledge potential conflicts of interest as prior declared by Councillors. Regardless of staff effort to acknowledge and separate accounts Councillors shall be responsible to declare any and all conflicts of interest independent of staff efforts to segre- • acc. s p• able. Carried: l./. rJ The Corporation of the Village of Port Burwell PO Box 10 21 Pitt Street Port Burwell ON NOJ 1TO By-Law 97-09 Being a by-law to amend bylaw 96-23 being establish bookkeeping policies. WHEREAS the MUNICIPAL ACT, R.S.O. 1990, Chap. M.45 s.79 as amended provides; 717e 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. 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; AND WHEREAS the Council of the Village of Port Burwell has pass bylaw 96-23 being a bylaw to establish policies to prescribe bookkeeping policies and procedures. NOW THEREFORE the Council of the Corporation of the Village of Port Burwell permits that the policies as enacted by bylaw 96-23 may be amended from time to time by resolution. Read a fi. d secon ime this 2 nd clay of April, 1997 -eve • Admin/..0 ator/Clerk-Treasurer Read a third , ''.al t' :e this 22 . day of April, 1997 � � /.. / /. Re- ar Ad. '..4lator/Clerk-Treasurer The Corporation of the Village of Port Burwell PO Box 10 21 Pitt Street Port Burwell ON NOJ 1T0 By-Law 97-09 Being a by-law to amend bylaw 96-23 being establish bookkeeping policies. WHEREAS the MUNICIPAL ACT, R.S.O. 1990, Chap. M.45 s.79 as amended provides; 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. 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; AND WHEREAS the Council of the Village of Port Burwell has pass bylaw 96-23 being a bylaw to establish policies to prescribe bookkeeping policies and procedures. NOW THEREFORE the Council of the Corporation of the Village of Port Burwell permits that the policies as enacted by bylaw 96-23 may be amended from time to time by resolution. Read a fi d secon. im-;his 2 nd day of April, 1997 I" 4f G� - eve Adator/Clerk-Treasurer Read a third,,.* r: al t. r e this 22 . day of April, 1997 Re- - 111. - ‘,L,...,.9 Ad � � ator/Clerk-Treas-irer Schedule A ByLaw 96-23 Village of Port Burwell 1.0 Bookkeeping 1.1 Manual & Computer Accounting Systems All manual and computer accounting systems will conform to standard accounting practices as dictated by the Institute of Chartered Accountants of Ontario. The manual and computer systems will be cost efficient and effective for the volume of work and the complexity of tasks performed daily. The systems will provide expeditious and accurate financial information to the officers of the corporation and to fairly reflect the fiscal position of the corporation. The financial reporting system (FRS)will have been reviewed and approved by council for use in the municipal environment in order to provide efficiency, effectiveness and accuracy in the provision of financial reporting as required by the financial reporting by-law (96-14 as amended). 1.2 Ledgers & Books of Original Entry All financial transactions shall be recorded into the Books of Original Entry with receipts and reviewed daily by the Treasurer prior to their input into the FRS. The Books of Original Entry include: Cash Receipt Book, Tax Receipt Book, Utility Receipt Book, Collector's Roll and amendments thereof. Transactions shall be recorded as soon as possible after they occur in accordance with the Cash Management by-law. 1.3 Cash &Cash Receipts Without exception, receipts shall be provided to all persons at the time of the transaction for all cash transactions and a copy shall be kept as a matter of record in the municipal offices in accordance to the requirements for the municipal audit. Additional copies of the receipt, subsequent to the original as requested by the general public, shall be provided at a cost of$5.00 per receipt. 1.4 Bank Account Reconciliations Bank Account Reconciliations are to be completed on all bank accounts under the jurisdiction of the municipality on a, monthly basis bearing the signature of the 3 person responsible for the assembly of the document and shall be reviewed for correctness by the Treasurer. The reconciliations shall be filed in accordance to the records management by-law and included and distributed in the financial reporting provided to the boards and council in accordance with the financial reporting by-law (96-14 as amended). 1.5 GST Policies & Reporting The Treasurer shall review and retain adequate records for the GST recovery on expenditures. Financial reports in the format required by the Ministry of Revenue shall be submitted quarterly with copies retained in accordance to the Records Management by-law. 1.6 Petty Cash Petty Cash for departments shall be kept and a continual ledger with receipts shall be provided in the format as prescribed in the petty cash by-law (95-06 as amended). 2.0 Internal Control The C.A.O. shall ensure that the financial operations of the municipality are in compliance with the Municipal Act, legal agreements and other companion legislation. Internal control of the various financial systems shall be employed and altered in order to ensure efficiency and effectiveness in the local government. In all cases where liability or question should arise with respect to the compromise of internal control, the C.A.O. will consult with council and the municipal auditor prior to making a final decision in the resolution of the matter. 2.1 Reconciliation of Revenue Accounts (Taxes and Utilities) The Treasurer or his designate shall prepare monthly reconciliations of various revenue accounts verifying the revenues and adjustments thereof. The reconciliations will provide details and verification thereof per Appendix A and Appendix B of this bylaw. 2.2 Cash Receipts 2.2.1 Authority to Accept Money on Behalf of the Corporation Employees and persons formally commissioned by the Treasurer will have authority to accept money (donations, payment of accounts, entrance fees, concessionary receipts, etc.) on behalf of the municipality. Other persons will 4 be in violation of this bylaw and subject to criminal charges (fraud). 2.2.2 Procedures for Off Site Revenue Locations (ORL) (Special Events) Appendix C describes in detail the policies and procedures for Off Site Revenue Locations (ORL) inclusive of the museum, special events, etc. 2.3 Indemnification of the Corporation (Insurance & Bonding of Contractors) All contractors who are to provide services to the corporation shall indemnify the same and provide adequate evidence of insurances as follows; a. Liability Insurance b. Workers Compensation c. General Performance Bond (as applicable) d. Employee Bonds 2.4 Accounts Payable All purchases brought to the attention of council are to be approved by the C.A.O. to ensure compliance with budget and financial management plans developed by Administration and approved by Council. The purchases of all goods and services will he clone by permanent staff in accordance with Bylaw 95-07 as amended. Invoicing of all purchases is to he directed to the Municipal Offices. Staff will subsequently request verification by department heads or Chairperson of the Board. 2.4.1 Approval and Verification of Invoices a) There are certain types of accounts payable that can be paid by the Treasurer without referral to Council. These expenditures include those that are: fixed by bylaw or contract, approved budgets, by-laws or resolutions of Council, debentures, interest due, bills discounted, staff expenses, fixed salaries, hourly wages verified by the Treasurer, postage, duty utilities, or excise refunds of overpayment, payrolls when certified by the officer authorized to do so, all when due or demanded. Regardless of prior approval, all expenditures are to be brought to the attention of the Council. The Treasury Department receives invoices from: C.A.O.'s Department 5 Public Works (Transportation) Recreation & Museum Departments Fire Department Protection to Other Persons & Property Department Public Utilities Department b) Invoices received by the Treasurer for payment will have been verified and initialled by the Deputy Treasurer as to quantity, price, correct figures and expenditure coding. The department head will have approved the invoice by initialling it attesting that it, is properly charged to his/her department. The Treasurer approves the invoices for payment when they arrive in the Finance Department. c) Consultants must have prior approval before engaging subconsultants with respect to projects as assigned by the C.A.O. 2.4.2 Refusal of Payment for Goods and Services Rendered Invoices and discrepancies with suppliers which can not be verified or approved by staff must be detailed by memo to the C.A.O. of the circumstances considering deficiencies or misunderstandings in services or goods provided. The C.A.O. will expeditiously seek a resolution and a formal settlement in the matters. If the matter can not be settled by staff, council will receive all reports on the matter for final direction and/or resolution in accordance to Bylaw 95-07. 2.4.3 Filing of Accounts All Account Payable once processed for payment will be filed alphabetically by supplier with part 3 of the 3 part cheque in accordance to the Records Management by-law. See Appendix D for a sample cheque. 2.5 Cash Disbursements All cheques must be signed in accordance with bylaw 95-59 as amended. 2.6 Daily, Weekly, Monthly &Annual Financial Reporting The C.A.O./Treasurer shall provide financial reporting in order to track the fiscal status of the municipality notwithstanding the requirements of other sections of this policy as follows; 6 2.6.1 Daily i. Daily Financial Receipts Summary provided the next day to the Treasurer. 2.6.2 Weedy i. Payroll Summary. ii. Work Reports & Work Report Summary in accordance to municipal work report system. 2.6.3 Monthly i. Monthly Financial Reporting first council meeting of each month in accordance to financial reporting bylaw ii. Accounts Payable, Petty Cash Statement, Approval of Cheques and Payroll (every council meeting) iii. Bank Reconciliations by the 15th of each month as per s.1.4 of this bylaw. • iv. Tax Reconciliations by the 15th of each month as per s.2.1 of this bylaw. v. Utility Accounts Reconciliation by the 15th of each month as per s.2.1 of this bylaw. vi. Cheque Listing after every cheque run, verified and approved by Treasurer and Head of Council or designate. vii. Capital Expenditures Reporting first council meeting of each month. viii. Long Term Debt Ledger first council meeting of each month. 2.6.4 Annual i. Council Expenses before February 28 of each year as per financial reporting bylaw (96-14 as amended) and the Municipal Act s.247. ii. Financial Information Return (FIR) by March 31 (by auditors) as per financial reporting bylaw(96-14 as amended). iii. Year End Financial Reporting by March 31 (by auditors) as per financial reporting bylaw(96-14 as amended). r 7 Appendix "A" By-Law 96-23 Village of Port Burwell Reconciliation As at: Property and Business taxes Balance as at: Current billings Penalties and interest applied Payments received NSF cheques Write-offs Bailiff fees Ontario Hydro Arrears Undeposited Postdated Chqs Miscellaneous Balance at month end Balance per general ledger Property taxes Business taxes Prepared by: Reviewed by: Appendix "B" By-Law 96-23 Village of Port Burwell Reconciliation As at: Water & Sewer Receivables Balance as at: Current billings Penalties and interest applied Payments received NSF cheques Write-offs Interdepartment payments Undeposited Postdated Chqs Deposits received Miscellaneous Balance at month end Balance per general ledger Prepared by: Reviewed by: Appendix C By-Law 96-23 Village of Port Burwell Offsite Revenue Location (OSRL) Flow Chart Bylaw to provide for] Revenue Site &Activity specifics of the event(s) approved by including pricing. 1 Council by Bylaw � - Minimum Float of$50.00 provided in _nummi order to make change for customers Cash Float provided and purchasing goods or paying entrance documented by Treasurer or$ fees. OSRL Form to be signed by within policy established and both the cashier and supervisor/ treasurer. OSRL form to be kept at approved by Council the revenue location until remitted with cash receipts for review by authorized municipal staff. Cash position (including statement of 0 Required staffing of OSRL revenues) at the time of staff relief) predetermined including — Changes shall warrant completion of --_ OSRL form signed by both parties hours of work. All - and witnessed (witness is not for arrangements approved by �— supervisor or Treasurer. correctness of form but for mutual Transactions understanding of the contents of the 8 report). Note OSRL's to be closed as a minimum 1 by 6:00 pm each day. OSRL closed at time specified and monies collected during the day ! Statement filed in Monies are to be kept in a safe Records Mana ement provided at the location or at the inlcuding OSRL forms are returned to g Municipal Offices. the Treasurer for reconcilation. System for current year's audit. All monies are to kept separate \ , - ~ from the personal monies of `N^{J� cashiers. V 8 Monies collected during the hours of work are to be handed over to Records the Treasurer including all OSRL Men.per,,.nc forms for reconciliation and Cash Deposited into s'"tern subsequent deposit into the Municipal Bank Account Municipal Bank Account, Personal gratituities (tips) shall not be accepted by any cashier and instead shall be documented as a specific donation to a local association or municipal organization. VILLAGE OF PORT BURWELL Appendix "D" 011379 By-Law 96-23 ,14.21. CANADIAN IMPERIAL BANK OF COMMERCE 011379 Port Burwell,Ontario �A�� VILLAGEFOF OORT BURWELL 1� a X 10 1J s i~ PORT BURWELL,ONTARIO NOJ 110 CHEQUE NO � ,. •_.i.:-� PHONE(519)874-4343 FAX(618)874-4448 DATE AMOUNT PAY TO THE VILLAGE OF PORT BURWELL ORDEN OF KR PER 00 L L 3 7911' I:099 7 2•"0 LOI: ? 5••i00 ? L8,' VILLAGE OF PORT BURWELL 011379 RpN 72$3.0008 P00911 43 PRINTED IN CANADA K4>14 MCW E Port Burwell BY r Laws By-Laws # 96 - 24 -- 96 - 30 1996 The Corporation of the Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell ON NOJ 1T0 BY-LAW 96-24 5D - ,.) 9 c;-] Being to amend by-Law 95-16 being a bylaw 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; AND WHEREAS the Council of the Corporation of the Village of Port Burwell deems it necessary to amend Bylaw 95-16. Now therefore the council of the Corporation of the Village of Port Burwell amends Section 2.50 of bylaw 95-16 as follows: 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, including any or all of the supporting structure 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. 1 • This by-law shall come into force and take effect immediately upon final passage thereof. Read a first and second time this 9th day of April, 1996. / AP' R - - Adm- 'strator/Clerk-Treasurer Read a third and final time this 9th day of April, 1996. `d; rator/Clerk-Treasurer • 2 The Corporation of the Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell ON NOJ 1T0 BY-LAW 96-25 C 0 0 3 / Being a By-Law to adopt the current estimates and strike the levies and rates of taxation for the year 1996. 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 1996. General Municipal Purposes $216,592.03 County Purposes $91,741.27 Public School Purposes $211,071.82 Separate School Purposes $13,008.97 Total $532,414.09 AND WHEREAS all real property and business assessment rolls made for the year 1996 on which 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. 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 1 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 if 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 property assessment has been added to the Collector's Roll after June 30, the property 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 taxes 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 23, 1996 October 25, 1996 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 1T0 or at the Port Burwell Canadian Imperial Bank of Commerce. 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 2 .1 percentage charge of one and one quarter percent (1.25% ) on the first clay next after the appropriate due date, which shall be the first clay of default and an additional penalty of one and one quarter percent (1.25%) shall be added on the first clay of each calender month thereafter in which default continues, but in no event shall any penalty be added under this clause after the year 1996. 7. The Clerk-Treasurer and Collector of taxes (and a Bank specified under Section 386 (8)), being one 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, provision is hereby provided that where any such tenant has been employed either within or outside the municipality by 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 clue 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 first and sec:nd tim• this 4th day of May, 1996. t A R Adm' istrator/Clerk-Treasurer Read a th' . and fin. passed t is 14th day of May, 1996 i f�.• R• e s �— Adm' istrat or/Clerk-Treasurer 3 Village of Port Burwell Mill Rate Calculations 1996 Schedule A By-Law 96-25 Res& Farm Mill' Res& Farm Commercial Mill Comm&Ind Business Mill Business Total 1st Levy ____ ___ _ -1---- ---_ _._ Assessment Rate Levy ; Assessments Rate Levy Assessment ' Rate Levy Levy @ 50% • i $ r Village 1,075,465 176.260 8189,561.46 96,217 207.366 $19,952.13 34,135 207.366 07,078.44 $216,592.03 $105,244.21 County 1,075,465 74.658 $80,292.07 96,217 87.833 88,451.03 34,135 87.833 02,998.18 $91,741.27 044,644.29 Public School Board Block levy 1,007,696 182.502 $183,906.54 93,652 214.708 420,107.83 32,870 214.708 $7,057.45 4211,071.82 853,183.78 Separate School Board Block levy 67,789 179.993 $12,197.95 2.565 211.756 8543.15 1,265 211.756 $267.87 813,008.97 03,280.12 Grants-in-lieu 58,706 295.199 $17,329.95 817,329.95 $8,424.51 Total Taxes $465,958.01 866,384.10 017,401.94 8549,744.05 0214,776.91 ~ Wrote Summary Pubic School Supporters 433.420 509.907 509.907 Separate School Supporters 430.911 506.955 506.955 LEVY1996.XLS 5/13/96 SDM 12:23 PM Village of Port Burwell Budget 1996 (unaudited) Prepared by: Suzanna Dieleman Mantel,CGA Deputy Treasurer Reviewed by: David R. Free,CET,AMCT A dm in itrator/C l erk-Treasurer POR t 6U�& ♦ F .. .ter Ik P°RTUS REFUGAM Setup: Consolidated Stmt of Operation SAFETY 13 May 96 Consolidated Stmt of Operation Beg: 01 Jan 96 End: 31 Dec 96 Type: B SOURCES OF FINANCING Taxation and user charges : Residential taxation 515, 958 . 02 Comm. & ind. taxation 49, 054 . 14 Business taxation 17, 401 . 94 Taxation from other government 17, 329 . 95 Water & sewer billings 262, 070 .00 User charges 78, 064 . 60 Harbour Revenues 17, 500 . 00 Total taxation & user charges 957, 378 . 65 Grants : Province of Ontario 166, 408 . 00 Government of Canada 20, 500 . 00 Other municipalities 3, 442 . 00 Total grants 190, 350 . 00 Other: Sale of land 429, 000 . 00 Donations 53 , 000 . 00 Investment income 2 , 000 . 00 Penalties\Interest - Taxation 4, 000 . 00 Penalties\Interest - Wtr\Sewer 2, 300 . 00 Long Term Debt Funding 172, 534 . 00 Total other 662, 834 . 00 Deduct : Amts for Cty & School boards 327, 616 . 81 LPRCA Levy 0 . 00 Add: Appropriations from reserves 20, 000 . 00 Municipal fund balances, begin ning of year To be used to offset (recovered from taxation or user charges 310 . 15 Total 310 . 15 Total financing available during the year 1, 503 , 255 . 99 APPLIED TO: CURRENT OPERATIONS General government 657, 101 . 19 Fire protection 29, 250 . 00 Other protection to persons and property 28, 424 .40 Transportation services 85, 359 . 90 Harbour 25, 000 . 00 Sanitary sewers 153, 186 . 75 Description Beg: 01 Jan 96 End: 31 Dec 96 Type: B Setup: Consolidated Stmt of Operation SAFETY 13 May 96 Consolidated Stmt of Operation Beg: 01 Jan 96 End: 31 Dec 96 Type : B Waterworks system 110, 469 . 75 Garbage collection 56, 000 . 00 Recreation & culture services 11, 230 . 00 - Planning and Development 14, 700 . 00 Total Current Operations 1, 170, 721 . 99 CAPITAL OPERATIONS Roadways 185, 000 . 00 Street lighting 3, 000 . 00 Land 0 . 00 Harbour 7, 734 . 00 Recreation & culture services 53 , 000 . 00 Fire Fighting equipment 56, 800 . 00 Water & Sanitary Sewer System 6, 000 . 00 Other 21, 000 . 00 Total Capital Operations 332, 534 . 00 Net appropriations to reserves 0 . 00 TOTAL CURRENT & CAPITAL 1, 503 , 255 . 99 Offset of operations 0 . 00 Capital operations not yet financed 0 . 00 TOTAL APPLICATIONS - YEAR 1, 503, 255 . 99 SURPLUS (DEFICIT) 0 . 00 Description Beg: 01 Jan 96 End: 31 Dec 96 Type: B Setup: Tax - Collection Detail SAFETY 13 May 96 Tax - Collection Detail Beg: 01 Jan 96 End: 31 Dec 96 Type : B RESIDENTIAL TAXATION: Residential 189, 561 .46 Residential - supplementary 0 . 00 TOTAL RESIDENTIAL TAXATION 189, 561 .46 COMMERCIAL TAXATION: Commercial 19, 952 . 13 Commercial - supplementary 0 . 00 TOTAL COMMERCIAL TAXATION 19, 952 . 13 BUSINESS TAXATION: Business 7, 078 . 44 Business - supplementary 0 . 00 Business - write off 0 . 00 TOTAL BUSINESS TAXATION 7, 078 .44 COUNTY TAXATION: County - residential 80, 292 . 07 County - residential suppl 0 . 00 County - residential w\o 0 . 00 County - commercial 8, 451 . 03 County - commercial suppl 0 . 00 County - commercial w\o 0 . 00 County - business 2, 998 . 18 County - business suppl 0 . 00 County - business w\o 0 . 00 TOTAL COUNTY TAXATION 91, 741 . 28 PUBLIC ELEMENTARY TAXATION: Public Elementary - res . 183, 906 . 54 Public Elementary - res suppl 0 . 00 Public Elementary - res w\o 0 . 00 Public Elementary - comm. 20, 107 . 83 Public Elementary - com. suppl 0 . 00 Public Elementary - w\o com. 0 . 00 Public Elementary - bus . 7, 057 .45 Public Elementary - bus . suppl 0 . 00 Public Elementary - w\o bus . 0 . 00 TOTAL PUBLIC ELEMENTARY 211, 071 . 82 PUBLIC SECONDARY TAXATION: Public Secondary - res . 0 . 00 Public Secondary - res . suppl 0 . 00 Public Secondary - res . w\o 0 . 00 ' Description Beg: 01 Jan 96 End: 31 Dec 96 Type : B Setup: Tax - Collection Detail SAFETY 13 May 96 Tax - 2ollection Detail Beg:01 Jan 96 End: 31 Dec 96 Type: B Public Secondary - com. 0 . 00 Public Secondary - com. suppl 0 . 00 Public Secondary - com. w\o 0 .00 Public Secondary - bus . 0 . 00 Public Secondary - bus . suppl 0 . 00 Public Secondary - bus . w\o 0 . 00 TOTAL PUBLIC SECONDARY 0 . 00 SEPARATE ELEMENTARY TAXATION: Separate elementary - res . 12, 197 . 95 Separate elementary - res . sup 0 . 00 Separate elementary - res . w\o 0 . 00 Separate elementary - com. 543 . 15 Separate elementary - com. sup 0 . 00 Separate elementary - com. w\o 0 . 00 Separate elementary - bus . 267 . 87 Separate elementary - bus . sup 0 . 00 Separate elementary - bus . w\o 0 . 00 TOTAL SEPARATE ELEMENTARY 13 , 008 . 97 SEPARATE SECONDARY TAXATION Separate Secondary - res . 0 . 00 Separate Secondary - res . sup 0 . 00 Separate Secondary - res . w\o 0 . 00 Separate Secondary - com. 0 . 00 Separate Secondary - com. sup 0 . 00 Separate Secondary - com. w\o 0 . 00 Separate Secondary - bus . 0 . 00 Separate Secondary - bus . sup 0 . 00 Separate Secondary - bus . w\o 0 . 00 0 . 00 TAXES ON ASSESSMENT 532, 414 . 10 LOCAL IMPROVEMENTS 50, 000 . 00 TOTAL TAXES 582, 414 . 10 Penalties and interest 4, 000 . 00 Description Be : 01 Jan 96 End: 31 Dec 96 Type: B P 9 Setup: Tax - County\Board Levys SAFETY 13 May 96 Tax - County\Board Levys Beg: 01 Jan 96 End: 31 Dec 96 Type: B Tax Levies : County of Elgin 98, 825 .45 Public Elementary 215, 645 . 88 Public Secondary 0 . 00 Separate Elementary 13 , 145 .48 Separate Secondary 0 . 00 TOTAL TAX LEVIES 327, 616 . 81 Description Beg: 01 Jan 96 End: 31 Dec 96 Type: B Setup: Taxation from Other Government SAFETY 13 May 96 Taxation from Other Government Beg: 01 Jan 96 End: 31 Dec 96 . Type: B TAXATION FROM OTHER GOVT: LCBO - GIL 3, 539 .44 MNR - GIL 13 , 790 . 51 TOTAL 17, 329 . 95 Description iBeg: 01 Jan 96 End: 31 Dec 96 Type : B Setup: Grants\Other Governments SAFETY .13 May 96 Grants\Other Governments Beg: 01 Jan 96 End: 31 Dec 96 Type : B PROVINCIAL GRANTS : Roads grant 0 . 00 Roads Supplementary - Capital 25, 000 . 00 Student Grants 0 . 00 EYC Grant 0 . 00 Ontario pay equity 0 . 00 Unconditional grants 136, 408 . 00 OCWA grant 0 . 00 Infrastructure grant 5, 000 . 00 TOTAL PROVINCIAL GRANTS 166, 408 . 00 FEDERAL GRANTS : Dredging grant 7, 500 . 00 Recycling grant 0 . 00 Community Futures 0 . 00 Infrastructure grant 5, 000 . 00 SEED grants, students 8, 000 . 00 TOTAL FEDERAL GRANTS 20, 500 . 00 OTHER MUNICIPALITIES : East Elgin - Tfr Station 0 . 00 Bayahm Township Harbour Grant 0 . 00 County - Urban Roads Rebate 2, 817 . 00 LPRCA (Harbour & Others) 625 . 00 TOTAL GRANTS FROM OTHER 3, 442 . 00 MUNICIPALITIES Description Beg: 01 Jan 96 End: 31 Dec 96 Type: B Setup: User Charges\Grants SAFETY 13 May 96 User Charges\Grants Beg:01 Jan 96 End: 31 Dec 96 Type : B Amtelecom - GIL 11, 189 .001 Bell Canada - GIL 148 .60) BTA 0 .00 Building permits 2, 500 .00/ Commissioner signatures 0 .00 Development Charges 0 . 00 Dog tags 750 . 00-" East Beach 2, 000 . 00 ! Farmers ' Market Revenue 0 . 00 Fax income 150 . 00 ' 552855 Ontario Inc Lease 6, 500 . 001 • Library Lease - County 5, 677 . 00 / Lottery Licences 12, 500 . 00 ! Minor Variances 1, 000 . 00' Miscellaneous 11, 000 . 00 Municipal Services 3, 000 . 00@ MOE 0 . 00 Non-Profit Housing 7, 500 . 001 Ping & Devel ' t Recovery 0 . 00 Photocopier income 200 . 00yn,�ce= Recovery from Rec Bd & Museum 0 . 00 (' Regional Cable Systems 1, 500 . 00i 0���,�� Special Events 0 . 00 Tax certificates 500 . 0Oc' Tax collection charges 2, 000 . 00' Tax sales 0 . 00 Telephone poles 0 . 00 Trade-in of equipment 2, 000 . 00-, Trailer park 0 . 00 Transfer Station UC 3, 000 . 001 Village mugs 0 . 00 . Village pins 100 . 00(1 Work order certificates 500 . 000 Zoning Applications 1, 000 . 00 / Zoning certificates 500 . 00K Sub Total 75, 214 .60 Summary - Museum Board 2, 500 . 00 , Summary - Rec Board 350 . 00 Total income - other 78, 064 . 60 Description Beg: 01 Jan 96 End: 31 Dec 96 Type: B Setup : Harbour Revenues SAFETY 13 May 96 Harbour Revenues Beg: 01 Jan 96 End: 31 Dec 96 Type: B Dockage fees 4, 000 . 00 Harbour Land Lease 7, 500 . 00 Wharfinger lease 6, 000 . 00 Boat launches 0 .00 Total Harbour revenues 17, 500 . 00 Description Beg: 01 Jan 96 End: 31 Dec 96 Type: B Setup: Other General Revenue SAFETY 13 May 96 Other 2-eneral Revenue Beg: 01 Jan 96 End:31 Dec 96 Type: B OTHER: Sale of Land 429, 000 .00 Donation Revenue 35, 000 . 00 Buy-a-Brick Donations 18, 000 . 00 Bank interest 2, 000 . 00 Penalties - taxes 4, 000 . 00 Penalties - water\sewer 2, 300 . 00 TOTAL OTHER 490, 300 . 00 Description Beg:01 Jan 96 End:31 Dec 96 Type: B Setup: Water\Sewer - Billings SAFETY 13 May 96 Water\Sewer - Billings Beg: 01 Jan 96 End: 31 Dec 96 Type : B WATER BILLINGS Water billings 109, 300 . 00 Water penalties 1, 100 . 00 Total Water billings 110, 400 .00 SEWER BILLINGS Sewer billings 152, 770 . 00 Sewer penalties 1, 200 . 00 Total Sewer billings 153 , 970 . 00 Total Water\Sewer Billings 264, 370 . 00 • Description Beg: 01 Jan 96 End: 31 Dec 96 Type: B Setup: General Government expenses SAFETY 13 May 96 General Government expenses Beg: 01 Jan 96 End: 31 Dec 96 Type: B I GENERAL GOVERNMENT: Administration - salaries 60, 504 .50 Allocate salaries to dept 0 . 00 Administration - CPP empr 1, 500 . 00. Administration - UIC 3, 500 . 00, Administration - EHT 1, 000 . 00) Worker' s Compensation Board 5, 700 . 00• Administration - ins, pension 7, 500 . 00: Sub total 79, 704 . 50 Auditor 5, 500 . 00Y Bank charges 1, 000 . 00 \ Beautification 5, 000 . 00 \ Boardwalk\docks 500 . 00\ Canada Day Expenses 1, 500 . 00- Cleaning - Library 540 . 00 Cleaning - office 1, 700 . 00 ✓ Cleaning - OPP office 650 . 001 Computer assistance 1, 500 .00, Computer software 3 , 000 . 00' Council remuneration 17, 000 . 00' Council travel expenses 100 . 00f Courier 500 . 00 ' Donations 500 . 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 0 . 00 Heating - Library 550 . 00 ' Heating - Office 400 . 00 ) Hydro - East Beach 550 . 00 , Hydro - Library 1, 250 . 00 , Hydro - office 1, 500 . 00i Hydro - trailer park 0 . 00 Inner harbour taxes 5, 750 .00✓ Insurance - Village 7, 500 . 00✓ Land Purchase 0 . 00 Legal 6, 806 . 69 ✓' Loan interest 8, 000 . 00✓ Long Point Lease 6, 500 . 00) L.P.R.C.A 2, 000 . 00 ✓' Maintenance - East Beach 500 . 00, Maintenance - Library 300 . 00 ' Maintenance - Office '50 . 00i Maintenance = Trailer park 0 . 00 Memberships 2, 700 . 00 ✓ Miscellaneous - gen. gov' t . 18, 000 . 00 ✓ Office Equipment 1, 000 . 00 Description Beg:01 Jan 96 End:31 Dec 96 Type: B Setup: General Government expenses SAFETY 13 May 96 General Government expenses Beg: 01 Jan 96 End: 31 Dec 96 Type : B Office supplies 5, 000 . 00 - Photocopier lease 4, 200 . 00 . Postage 2, 000 . 00 - Promotion\Advertising 6, 500 . 00a Publications 3, 000 . 00 , Seminars 500 . 00 Special events (Mun Elec) 0 . 00 Subscriptions 300 . 00 , Tax Collections 2, 000 . 00 - Tax forms 600 . 00 , '1 ' Telephone - fax 0 . 00 Telephone - Library 0 . 00 Telephone - office 6, 500 . 00 % Telephone - OPP 300 . 001 Trailer park expenses 0 . 00 Training & Education 8, 000 . 001 Travel expenses 3, 500 . 001 Water\sewer - Library 375 . 00 ' Water\sewer - office 375 . 001 Water\sewer - trailer park 0 . 00 Wharfinger 0 . 00 Writeoffs 0 . 00 Sub total 146, 196 . 69 Total expense before reserves 225, 901 . 19 Seawall 1, 200 . 00 Dev Charges & Other Reserves 0 . 00 P & I on long term debt 429, 000 . 00 Alloc'n to Working Capital 0 . 00 Allocation to General Capital 1, 000 . 00 ` 431, 200 . 00 GENERAL GOVERNMENT - TOTAL X 657, 101 . 19 Description Beg: 01 Jan 96 End: 31 Dec 96 Type : B Setup: Fire Department expenses SAFETY 13 May 96 Fire Department expenses Beg: 01 Jan 96 End: 31 Dec 96 Type : B FIRE DEPARTMENT EXPENSES : Wages 11, 500 . 00 11, 500 . 00 Building Maintenance 750 . 00 Boat Maintenance 250 . 00i Equipment purchases - minor 500 . 00 ' Equipment repair\supplies 500 . 00 / Gasoline 250 . 001 Heating fuel 3, 000 . 001 Health & Safety 500 . 001 Hydro 1, 100 . 001 Material 300 . 001 Memberships 100 . 00v Pager\Radio Systems 500 . 00 ' Subscriptions 0 . 00 Telephone 2, 000 . 00 " Training 2, 000 . 00 / Truck Repairs 500 . 00 , Water\Sewer 500 . 00 12, 750 . 00 Alloc'n to Fire Truck Reserve 5, 000 . 00. TOTAL EXPENSES - FIRE DEPT 29, 250 . 00 Description Beg: 01 Jan 96 End: 31 Dec 96 Type: B Setup: Other Protection expenses SAFETY 13 May 96 Other Protection expenses Beg: 01 Jan 96 End: 31 Dec 96 Type : B Building inspector\by-law pay 0 . 00 Building Inspector wages 28, 974 .40 Building wage allocation 10, 000 . 00- Build Insp - CPP 700 . 00 Build Insp - UIC 1, 150 . 00 Build Insp - EHT 350 . 00 Build Insp - benefits 2, 100 . 00 Dog Catcher - pay 3 , 750 . 00 27, 024 .40 Building inspector courses 1, 000 . 00 Dog tags - purchase 300 . 00 Membership - building inspecto 100 . 00 Telephone - build insp. 0 . 00 1, 400 . 00 • TOTAL EXPENSE OTHER PROTECTION 28, 424 .40 • Description Beg: 01 Jan 96 End: 31 Dec 96 Type: B Setup: Transportation services (exp) SAFETY 13 May 96 Transportation services (exp) Beg: 01 Jan 96 End: 31 Dec 96 ' Type: B TRANSPORTATION SERVICES : Roads - Wages 42 , 319 . 90 Roads - Sick Leave Benefits 0 . 00 Roads - CPP 1, 000 . 00 Roads - UIC 2, 000 . 00 Roads - Employer Health Tax 525 . 00 Roads - insurance, pension 1, 600 . 00 47, 444 . 90 Christmas lights - install 1, 000 . 00 Small Tools 500 . 00: Equipment rentals 100 . 001 S �' I'' Equipment repair - roads 4, 000 . 00V D +fit. _� Gasoline - Roads 2, 500 . 00J , v)p..,? Grass cutting, Tree Trimming 3, 500 . 001 C.Iti ,fig. Heating - roads 1, 000 . 001 �L( e Hydro - roads 1, 500 . 00i �,..kr`r Maintenance - shop 250 . 00 / CD Material - roads 5, 480 . 00` Material - shop 3 , 000 . 00 Occupational Health & Safety 2 , 000 . 00✓ Roads - clearing 2, 000 . 00E Roads - project management 0 . 00 Sand\Salt 1, 000 . 001 Snowplowing 0 . 00 Street light hydro 6, 500 . 00 Street lights - repair 2, 000 . 00' Telephone - roads 600 . 00 '1 Truck repairs - Roads 500 . 00' Vehicle licences 110 . 00 Water\sewer - roads 375 .00Y 37, 915 . 00 TOTAL EXPENSES - ROADS 85, 359 . 90 Description Beg: al Jan 96 End: 31 Dec 96 Type: B Setup: Harbour expenses SAFETY 13 May 96 Harbour expenses Beg: 01 Jan 96 End: 31 Dec 96 Type: B Harbour - Dredging 20, 000 . 00 Small craft harbours 1, 000 . 00 Operating Expenses 21, 000 . 00 Reserve - Dredging 4, 000 . 00 Total Harbour expenses 25 , 000 . 00 Description Beg: 01 Jan 96 End: 31 Dec 96 Type : B • Setup: Sewage Works expenses SAFETY 13 May 96 Sewage Works expenses Beg: 01 Jan 96 End: 31 Dec 96 Type : 9 SEWER EXPENSES : Salaries 24, 936 . 75 Sewer - CPP 450 . 00 Sewer - UIC 800 . 00 Sewer - EHT 275 . 00 Staff support 10, 000 . 00 36, 461 . 75 Auditor 1, 500 . 00 ` Administrative Overhead 9, 125 . 00? Postage 1, 000 . 00) Building maintenance 1, 500 . 001 Hydro - sewage plant 1, 000 . 00 1 Sewage plant telephone 0 . 00 Sewer precepts 81, 600 . 00 / Engineering 5, 000 . 00 • - Building 1, 000 . 00 Repairs to System 0 . 00 Sewer Writeoffs 0 . 00 101, 725 . 00 Reserve - Sewage Treatment Plt 5, 000 . 00 Reserve - Sewage System 5, 000 . 00 Reserve - Sewage Equipment 5, 000 . 00 TOTAL EXPENSES - SEWAGE 153 , 186 . 75 • Description Beg: 01 Jan 96 End: 31 Dec 96 Type : B Setup: Water Works Expense SAFETY 13 May 96 Water Works Expense Beg: 01 Jan 96 End:31 Dec 96 Type: B WATER EXPENSES : Salaries 24, 936 . 75 Water - CPP 500 . 00 Water - UIC 700 . 00 Water - EHT 275 . 00 26, 411 . 75 Auditor 1, 500 . 00 Administrative Overhead 11, 125 . 00:J Meters 3, 000 . 00 Postage for w\s bills 1, 000 . 00u`. Monthly water charge 23, 500 . 00 • Precepts 11, 233 . 00 Repairs to system 5, 000 . 00 Engineering 5, 000 . 00 Building Maintenance 1, 500 . 002 Water Writeoffs 0 . 00 62, 858 . 00 Reserve - Water 10, 000 . 00 Debt Repayment 11, 200 . 00 TOTAL EXPENSES - WATER 110, 469 . 75 Description Beg: 01 Jan 96 End: 31 Dec 96 Type: B Setup: Garbage Collection expenses SAFETY 13 May 96 Garbage Collection expenses Beg: 01 Jan 96 End:31 Dec 96 Type : B GARBAGE COLLECTION SERVICES : Garbage collection 49, 000 . 00 Recycling 0 . 00 Waste management 0 .00 Transfer Station 7, 000 . 00 TOTAL EXPENSES - GARBAGE 56, 000 . 00 Description Beg: 01 Jan 96 End: 31 Dec 96 Type : B Setup : Recreation Department SAFETY 13 May 96 Recreation Department Beg: 01 Jan 96 End: 31 Dec 96 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 0 . 00 Santa Claus Parade 0 . 00 Sports Activities Revenue 350 . 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 0 . 00 Total Revenue 350 . 00 EXPENSES Salaries 0 . 00 Salaries• - ded. empl . 0 . 00 Salaries - deductions 0 . 00 Employer Health Tax Recreation 0 . 00 Recreation Director (Student) 0 . 00 0 . 00 Audit Costs 0 . 00 Advertising\Promotion 0 . 00 Telephone - Ball park 225 .00 Hydro - Ball park 1, 000 . 00 Ball park water\sewer 850 . 00_) Bank charges 0 . 00 Organized sports 0 . 00 Building\land maintenance 2, 000 . 00.E Day camp expenses 0 . 00 Donations to others 0 . 00 Lottery licences 0 . 00 Miscellaneous Expenses 250 . 00 Nevada tickets 0 . 00 Nevada tickets - commission 0 . 00 Santa Claus Parade 2, 500 . 00 Supplies 0 . 00 Tub Daze 0 . 00 6, 825 . 00 Total Expenses 6, 825 . 00 Description Beg: 01 Jan 96 End: 31 Dec 96 Type: B Setup: Recreation Department SAFETY 13 May 96 Recreation Department Beg: 01 Jan 96 End:31 Dec 96 Type : B Reserve - Rec Board 0 . 00 Principle & Interest repmt 0 .00 Bridge Financing repayment 0 . 00 0 . 00 Net Income (Loss) 6, 475 . 00- Description Beg: 01 Jan 96 End: 31 Dec 96 Type : B Setup: Museum Board SAFETY 13 May 96 Museum Board Beg: 01 Jan 96 End: 31 Dec 96 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 2 , 500 . 00 Miscellaneous Revenue 0 . 00 Provincial Grant 0 . 00 Seed Grant 0 . 00 Nevada revenue - Museum 0 . 00 Total Revenue 2, 500 . 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 250 . 00 Museum Maintenance 1, 200 . 000 Museum advertising 0 . 00 Museum donations expended 0 . 00 Museum heating 650 . 000 Museum Hydro 1, 300 . 00)7 Office Supplies 0 . 00 Museum - telephone 400 . 00 Museum - water\sewer 375 . 00'Q Victoria day expenses 0 . 00 Nevada Costs - Museum 0 . 00 4, 405 . 00 Total Expenses 4, 405 . 00 Reserve - Museum 0 . 00 Net Income (Loss) 1, 905 . 00- Description Beg: 01 Jan 96 End: 31 Dec 96 ' Type : B Setup: Planning & Development expense SAFETY 13 May 96 Planning & Development expense Beg: 01 Jan 96 End:31 Dec 96 Type: B PLANNING & DEVELOPMENT Architect 0 00 Engineering 2, 000 . 00 General planning 8, 000 . 00 Marina planning 2, 000 . 00 Surveyor - Land 2, 700 . 00 TOTAL EXPENSES - P & D 14, 700 . 00 • Description Beg: 01 Jan 96 End: 31 Dec 96 Type: B Setup: Roadways - Capital SAFETY 13 May 96 Roadways - Capital Beg: 01 Jan 96 End:31 Dec 96 Type : B Engineering 0 . 00 Drainage 0 . 00 Municipal Mapping 0 . 00 Roads - constructon 125, 000 . 00 Roads - master plan 2 , 000 . 00 Roads - equipment 22, 000 . 00 Roads - Building 20, 000 . 00 Roads - Signage 3, 000 . 00 Sidewalks 13, 000 . 00 TOTAL ROADWAYS- CAPITAL 185, 000 . 00 Description Beg: 01 Jan 96 End: 31 Dec 96 Type : B Setup: Street Lighting - Capital SAFETY 13 May 96 Street Lighting - Capital Beg: 01 Jan 96 End: 31 Dec 96 Type : B New street lights 3, 000 . 00 TOTAL STREET LIGHTING CAPITAL 3, 000 . 00 • Description Beg:01 Jan 96 End:31 Dec 96 Type: B Setup: Harbour SAFETY 13 May 96 Harbour Beg: 01 Jan 96 End: 31 Dec 96 Type: B Dredging 0 . 00 Sheet Piling (LPRCA) 7, 734 .00 Docks 0 . 00 TOTAL HARBOUR AND DOCKS 7, 734 . 00 Description Beg: 01 Jan 96 End: 31 Dec 96 Type: B Setup: Recreation & Culture - Capital SAFETY 13 May 96 Recreation & Culture - Capital Beg: 01 Jan 96 End: 31 Dec 96 Type: B RECREATION CAPITAL Sound Equipment 0 . 00 Baseball Diamond 0 . 00 Baseball Equipment 0 . 00 Buy-A-Brick, Mkt Square 0 . 00 Market Square 53 , 000 . 00 Museum Capital 0 . 00 TOTAL REC & CULTURE - CAPITAL 53, 000 . 00 • Description Beg: 01 Jan 96 End: 31 Dec 96 Type: B Setup: Fire Fighting Equipment SAFETY 13 May 96 Fire Fighting Equipment Beg: 01 Jan 96 End:31 Dec 96 Type: B Fire Fighting Capital Air Tanks 0 . 00 Bunker Suits 0 . 00 First Response Equipment 0 . 00 Fire Fighting Equipment 20, 000 . 0(P Fire Hall 20, 000 . 00 Pager & Radios 1, 000 . 00a Truck & Accessories 10, 800 . 00 S .C.B.A. 5, 000 . 00Q TOTAL FIRE FIGHTING EQUIPMENT 56, 800 . 00 Description Beg: 01 Jan 96 End: 31 Dec 96 Type: B Setup: Sanitary Sewer System SAFETY 13 May 96 Sanitary Sewer System Beg: 01 Jan 96 End:31 Dec 96 Type: B Water system 6, 000 . 00 Sewage system 0 . 00 Sewage plant 0 . 00 TOTAL CAPITAL SANITARY SEWER 6, 000 . 00 Description Beg: 01 Jan 96 End: 31 Dec 96 Type : B Setup: Other - Capital SAFETY 13 May 96 Other - Capital Beg: 01 Jan 96 End: 31 Dec 96 Type : B Office Computers 5, 000 . 00 - Fax Machine 0 . 00 Misc Office Capital 0 . 00 Village Signs 0 . 00 _ Filing System 1, 000 . 007 Building 15, 000 . 00 TOTAL OTHER - CAPITAL 21, 000 . 00 • • Description Beg: 01 Jan 96 End: 31 Dec 96 Type: B The Corporation of the Village of Port Burwell PO Box 10 21 Pitt Street Port Burwell ON NOJ 1T0 By-Law 96-26 Coo 2 a c tS J Being a by-law to provide for local policies with respect to the manner in which the municipality handles public enquiries. WHEREAS the MUNICIPAL FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT, R.S.O. 1990, Chap. M.56 as amended provides that there shall be access to municipal records and the protection of privacy, and; WHEREAS Council is desirous to establish policies with regard to the provision of general information including tax and utility account information; THEREFORE the Council of the Village of Port Burwell enacts as follows; THAT, local and specific matters pertaining to tax and utility account enquiries shall be governed by policies as permitted in accordance with Schedule "A" of this bylaw and shall be amended from time to time by Council resolution. 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. Read a first . . e.. ' ' ti tI s 29th day of April 1996 _ A •- - a — Adm . strator/Clerk-Treasurer 1 Read a third an• :sal t. e this 2• . day of April 1996 Alf / , Reeve A.m'. trator/Clerk-Treasurer 2 Schedule "A" Bylaw 96-26 Village of Port Burwell Municipal Public Enquiries Policy 1.0 Introduction The Municipal offices are a source of information for the public in matters which pertain to property tax, utility, and other direct revenues. Municipal, Provincial and Federal information bulletins are sent to the offices for dissemination to the public. The responsibility of the Municipal offices is to ensure proper dissemination of information. Legislation which applies to the distribution of Information within the municipal offices shall be consulted at all times for compliance. The legislation which may apply is as follows; Municipal Act Municipal Freedom of Information and Personal Privacy Act Planning Act Municipal Tax Sales Act Bailiffs Act Municipal Bylaws & Policies 2.0 Staff Procedure for the Manner in which Enquiries from the Public are to be Handled Formal, personal, and telephone contact with the public shall always be addressed in a courteous and factual manner. Staff shall only provide information of which they have specific knowledge or responsibility in accordance with their position descriptions. Information requests shall be deferred without opinion or conjecture, to the appropriate staff member who has responsibility for the matter. Any enquiry which can not be answered readily and factually by staff members shall be referred/deferred to the CAO for immediate consideration. Staff shall provide to the public their name and position within the Municipal organization including the name and position of the person whom will be addressing their concern or enquiry specifically. An approximate time shall he provided when a return call can be expected. 3 Telephone greetings shall be as follows; "Village of Port Burwell, (staff members name)speaking". Personal Greetings shall be as follows; "Good Day, How may I help you?" Messages (telephone, personal visits, meetings) in the absence of an individual staff member shall he documented and provided to the individual or individuals for immediate reply. All messages shall be responded to within a reasonable period of time (including any research time required and/or in consideration of priorities as established by the CAO, vacation, illness). Staff shallbe given knowledge in the form of policies and procedures with respect to the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) including their responsibilities as it applies to the public and legislation. General enquiries are addressed by providing/stating the source of the formal documentation in the form of bylaws, policies and legislation which shall he referred to when answering questions. Copies of bylaws and policies are available to the public at the cost of photocopying in accordance with the MFIPPA policy. Legislation (including regulations) shall not he photocopied for the public; however, the source of the information will be provided if requested. Staff shall keep notes of contact with the public in daily personal diaries/journals or other methods which may be satisfactory (telephone messages, computer account notes, etc) in order to track contact with specific individuals and matters which may again arise (collections, controversial ratepayer issues, etc) 2.1 Irate and Abusive Enquiries/Contact with the Public Staff or Council are not expected to and will not tolerate irate and abusive conduct by members of the public. Staff or Council shall immediately terminate contact with the person or persons who are irate and/or abusive. An incident report shall be prepared immediately in the manner prescribed and circulated to Council and the CAO. It shall be the responsibility of Council to determine the action which shall be taken in each and every instance within their authority. Staff shall remain in control at all times, refraining from increasing the emotion and volume of their voices during all telephone conversations. 4 Personal or family threats of violence or destruction of personal property shall be immediately referred to the Policing authority with the appropriate incident report and other supporting information towards the final charging and prosecution of the individual or individuals. 2.2 Tax Collection Enquiries and Phone Calls Staff shall use as best as possible the AMTCO Tax Collectors response manual as provided for in Appendix"B"of this policy with respect to arguments presented by the ratepayer in the matter of tax collections. It will be at the discretion of the Tax Collector to select the response from each category which best fits the discussion, remaining courteous at all times. 2.3 Failure to Comply Staff and Council who breach Provincial legislation (MFIPPA) and local policies shall be subject to disciplinary action which may include dismissal. ,3.0 Tax Certificates 3.1 Request by Proposed Purchaser Requests from lawyers for a Tax Certificate with regard to the proposed purchase of a said property shall not be considered unless formally,received either by regular mail, hand delivered, and/or facsimile directly to the Municipal offices. The request shall be specific with regards to any and all information required and the premise for which it is being requested (proposed purchase of property, power of sale proceedings, etc.). Municipal user fees as established by bylaw or resolution of Council shall be received in advance of or at the same time as the request. Services shall not be provided until the fees have been received in legal tender with regard to the specific request. The format and the conditions of the information of which the information shall be provided is in accordance to Appendix "A" of this policy. 3.2 Request by Property Owner Requests from a Property Owner with respect their own property shall not he considered unless formally received either by regular mail, hand delivered, and/or facsimile directly to the Municipal offices. The request shall be specific with regards to any and all information required and the premise for which it is being requested (proposed purchase of property, power of sale proceedings, etc.). 5 . The taxpayer shall be permitted to two free Tax Certificates per year not requested earlier than 6 months of the prior request. Municipal user fees as established by bylaw or resolution of Council shall be received in advance of the request as applicable. Services shall not be provided until the fees have been received in legal tender with regard to the specific request. Tax arrears information shall not be provided over the telephone unless staff can verify without a doubt the individual who is malting the request is the property owner. Otherwise the request for information shall be made in person or formally. The information will be provided in the format in accordance with Appendix "A" of this policy. 3.3 Request by Others Members of the public without specific financial interest in the property in question are not permitted to obtain tax account information of individuals. Requests for information which may pertain to real estate listings will be provided only by permitting access to the Assessment Roll and to view the Budget Bylaw or a copy of the most recent summary of mill rates. 4.0 Tax Account Balance 4.1 Request by Property Owner Requests from a Property Owner with respect to the tax account on their own property shall not be considered unless formally received either by regular mail, hand delivered, and/or facsimile directly to the Municipal offices. Tax arrears information shall not be provided over the telephone unless staff can verify without a doubt the individual who is making the request is the property owner. The request shall be specific with regards to any and all information required. 4.2 Request by Others Members of the public without specific financial interest in the property in question are not permitted to obtain tax account information of individuals. Mortgagors noted on the municipal tax collector's roll may request information by telephone call, facsimile or letter regarding properties for which they hold the mortgage if the person is able to provide the mortgage number noted on the municipal tax collector's roll. Mortgagors not noted on the tax collectors' roll must request formally by letter or facsimile directly to the Municipal Offices, providing details regarding the owners' names and mortgage number for the property in question. 6 • • 5.0 Public Enquiries for Tax Information (formal/informal) 5.1 Municipal Freedom of Information & Personal Privacy Act Public enquiries regarding personal property tax or utility information will be in accordance with Section 3.0 and 4.0 of this policy, conforming to the MFIPPA and in accordance with the policies and procedures set out in the Municipal Freedom of Information and Personal Privacy Act policy established by Council. 6.0 Water/Sewer Account Balances 6.1 Request by Proposed Purchaser Requests from lawyers for a Tax Certificate with regard to the proposed purchase of a said property shall not he considered unless formally received either by regular mail, hand delivered, and/or facsimile directly to the Municipal offices. Response by municipal staff to the request for Tax Certificate shall include any outstanding amount for water and sewer usage and any projected future billing to the closing date of the sale based on average consumption by the current occupants of the property. 6.2 Request by Property Owner Requests from a Property Owner with respect to the water and sewer account on their own property shall not be considered unless formally received either by regular mail, hand delivered, and/or facsimile directly to the Municipal offices. Water and Sewer arrears information shall not be provided over the telephone unless staff can verify without a doubt the individual who is making the request is the property owner. The request shall he specific with regards to any and all information required. The Property Owner may also request information on their own property that is occupied by a tenant under the same conditions as noted above. 6.3 Request by Tenants Requests from Tenants with respect to the water and sewer account for the property that they currently occupy shall not he considered unless formally received either by regular mail, hand delivered, and/or facsimile directly to the Municipal offices. Water and Sewer arrears information shall not be provided over the telephone unless staff can verify without a doubt the individual who is making the request is the tenant. The request shall be specific with regards to any and all information required. 7 6.4 Request by Others Members of the public are not permitted to obtain water and sewer account information of other individuals. 7.0 Zoning Information 7.1 Zoning Certificates Zoning Certificates shall be prepared in accordance with Appendix "A". The request shall be specific with regards to any and all information required and the premise for which it is being requested (proposed development, site development agreement, purchase of property, power of sale proceedings, etc.). Municipal user fees as established by bylaw or resolution of Council shall be received in advance of the request. Services shall not be provided until the fees have been received in legal tender with regard to the specific request. 7.2 Zoning enquiries by the public shall not be addressed over the phone. Copies of the Official Plan and Zoning bylaw are available in the office for public review. Copies in whole or part may be requested based on the Municipal User Fees as established by bylaw or resolution of Council and shall be received in advance of or at the same time as the request. Services shall not he provided until the fees have been received in legal tender with regard to the specific request. 8.0 Legal Descriptions Provision of legal descriptions may he given from the assessment roll description, however, it must be identified that the municipality cannot guarantee the accuracy of the description on the assessment roll. In all instances where the information is required, especially for legal or binding purposes, verification with the land registry office is the responsibility of the person making the inquiry. 9.0 Access to Municipal Consultants Consultants are commissioned/hired for the benefit of Council with regard to their specific field of expertise (legal, planning, engineering. etc). Consultants have a fiduciary duty to Council and the CAO and are required to obtain written permission prior to providing information to any member of the public. The inquiries to the Consultant are to he in written form, with a copy provided to the CAO. Public meetings with regard to specific issues shall over ride this policy. Municipal Consultants will not be permitted to charge the Municipality for time and materials with regard to public enquiries not pre-authorized by the CAO. 8 • Appendix "A" Village of Port Burwell By-Law 96-26 Tax Certificate Date:April 16, 1996 Explanation Statement showing arrears of taxes upon the following lands in the Village of Port Burwell as at above date. Roll No: #3402000000####000000 Owner(s): Description: Plan 12 Part Lot 20 west side Erieus 2904.00 SF 40.00FR x 66.00D Three Years Tax Arrears&Prior $0.00 Interest $0.00 Two Years Tax Arrears $0.00 Interest $0.00 Last Year Taxes $0.00 Interest $0.00 Current Year Taxes $0.00 Interest $0.00 Other Charges $0.00 Total Taxes $0.00 Total Interest &Penalties $0.00 Grand Total $0.00 Theses figures are correct to the date shown above only. Take notice that a penalty of 1.25%is added on the first clay of each month. Please make all cheques payable to the Village of Port Burwell. I hereby certify that the above statement shows all arrears of taxes against the above land and that no part of the said lands has been sold for taxes within the last eighteen months. FOR YOUR INFORMATION: Taxes for the prior year are in the amount of$ Taxes (interim payment) in the amount of$ have been eceived for the current year. Taxes (second interim payment) due and payable April 26. 1996 $ Municipal Lien$0.00 Water is in arrears$0.00 Municipal Drain$0.00 WORK ORDER AGAINST PROPERTY - NO THIS LOT IS ZONED AS AGE OF PORT g��L 9 t THE CORPORATION OF THE at _ VILLAGE OF PORT BURWELL ���� (r PO.Box 10,Port Burwell,Ontario NOJ I TO .triWouh telephone (S 19) 874-4343 • fax (S 19) 874-4948 PORTUS REFUG"- May 14, 1996 Scott & Krantz-Sippel 202 - 244 Pall Mall Street London ON N6A 5P6 Attention: Ms. Joan Krantz-Sippel Dear Ms. Krantz-Sippel Please find enclosed an excerpt of the Village of Port Burwell municipal public enquiries policy which pertains to "access to municipal consultants". Please note that Councillors of the Village of Port Burwell are not to be contacted, all questions or enquiries are to be directed to the Administrator/Clerk-Treasurer or the Reeve. 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 4 cctit-104-2 David R. Free, CET, AMCT Administrator/Clerk-Treasurer Encs. David R.Free,CET,AMCT • Administrator/Clerk-Treasurer 6.4 Request by Others Members of the public are not permitted to obtain water and sewer account information of other individuals. 7.0 Zoning Information 7.1 Zoning Certificates Zoning Certificates shall be prepared in accordance with Appendix "A". The request shall be specific with regards to any and all information required and the premise for which it is being requested (proposed development, site development agreement, purchase of property, power of sale proceedings, etc.). Municipal user fees as established by bylaw or resolution of Council shall be received in advance of the request. Services shall not be provided until the fees have been received in legal tender with regard to the specific request. 7.2 Zoning enquiries by the public shall not be addressed over the phone. Copies of the Official Plan and Zoning bylaw are available in the office for public review. Copies in whole or part may be requested based on the Municipal User Fees as established by bylaw or resolution of Council and shall be received in advance of or at the same time as the request. Services shall not be provided until the fees have been received in legal tender with regard to the specific request. 8.0 Legal Descriptions Provision of legal descriptions may be given from the assessment roll description, however, it must be identified that the municipality cannot guarantee the accuracy of the description on the assessment roll. In all instances where the information is required, especially for legal or binding purposes, verification with the land registry office is the responsibility of the person making the inquiry. 9.0 Access to Municipal Consultants Consultants are commissioned/hired for the benefit of Council with regard to their specific field of expertise (legal, planning, engineering. etc). Consultants have a fiduciary duty to Council and the CAO and are required to obtain written permission prior to providing information to any member of the public. The inquiries to the Consultant are to be in written form, with a copy provided to the CAO. Public meetings with regard to specific issues shall over ride this policy. Municipal Consultants will not be permitted to charge the Municipality for time and materials with regard to public enquiries not pre-authorized by the CAO. 8 PORT'e0 9 J`` t THE CORPORATION OF THE .� . VILLAGE OF PORT BURWELL � 1it, P.O.Box 10,Port Burwell,Ontario NO) I TO y telephone (519) 874-4343 • fax (519) 874-4948 -4111111.444 PORrUS REFUGIUM May 14, 1996 , Mr. Michael F. Peterson Barrister & Solicitor 68 Bruce Street London ON N6C 1G6 Dear Mr. Peterson Please find enclosed an excerpt of the Village of Port Burwell municipal public enquiries policy which pertains to "access to municipal consultants". Please note that Councillors of the Village of Port Burwell are not to be contacted, all questions or enquiries are to be directed to the Administrator/Clerk-Treasurer or the Reeve. 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 David R. Free, CET, AMCT Administrator/Clerk-Treasurer Encls. David R.Free,CET AMCT • Administrator/Clerk-Treasurer 6.4 Request by Others Members of the public are not permitted to obtain water and sewer account information of other individuals. 7.0 Zoning Information 7.1 Zoning Certificates Zoning Certificates shall be prepared in accordance with Appendix "A". The request shall be specific with regards to any and all information required and the premise for which it is being requested (proposed development, site development agreement, Purchase of property, power of sale proceedings, etc.). Municipal user fees as established by bylaw or resolution of Council shall be received in advance of the request. Services shall not be provided until the fees have been received in legal tender with regard to the specific request. 7.2 Zoning enquiries by the public shall not be addressed over the phone. Copies of the Official Plan and Zoning bylaw are available in the office for public review. Copies in whole or part may he requested based on the Municipal User Fees as established by bylaw or resolution of Council and shall be received in advance of or at the same time as the request. Services shall not be provided until the fees have been received in legal tender with regard to the specific request. 8.0 Legal Descriptions Provision of legal descriptions may be given from the assessment roll description, however, it must be identified that the municipality cannot guarantee the accuracy of the description on the assessment roll. In all instances where the information is required, especially for legal or binding purposes, verification with the land registry office is the responsibility of the person making the inquiry. 9.0 Access to Municipal Consultants Consultants are commissioned/hired for the benefit of Council with regard to their specific field of expertise (legal, planning, engineering. etc). Consultants have a fiduciary duty to Council and the CAO and are required to obtain written permission prior to providing information to any member of the public. The inquiries to the Consultant are to be in written form, with a copy provided to the CAO. Public meetings with regard to specific issues shall over ride this policy. Municipal Consultants will not be permitted to charge the Municipality for time and materials with regard to public enquiries not pre-authorized by the CAO. 8 • of PORT B, 911- t ` THE CORPORATION OF THE � VILLAGE OF PORT BURWELL � '� i (� P.O.Box 10,Port Burwell,Ontario NOJ I TO ;' telephone (519) 874-4343 • fax (519) 874-4948 4 PORTUS REFUGIUM May 14, 1996 Doane Raymond 22 Harvey Street . Post Office Box #247 Tillsonburg ON N4G 4H5 Attention: Mr. Brian Budarick Dear Mr. Budarick Please find enclosed an excerpt of the Village of Port But-well municipal public enquiries policy which pertains to "access to municipal consultants". Please note that Councillors of the Village of Port Burwell are not to be contacted, all questions or enquiries are to be directed to the Administrator/Clerk-Treasurer or the Reeve. 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 David R. Free, CET, AMCT Administrator/Clerk-Treasurer Encls. David R.Free,CET,AMCT • Administrator/Clerk-Treasurer • 6.4 Request by Others Members of the public are not permitted to obtain water and sewer account information of other individuals. 7.0 Zoning Information 7.1 Zoning Certificates Zoning Certificates shall be prepared in accordance with Appendix "A". The request shall be specific with regards to any and all information required and the premise for which it is being requested (proposed development, site development agreement, purchase of property, power of sale proceedings, etc.). Municipal user fees as established by bylaw or resolution of Council shall be received in advance of the request. Services shall not be provided until the fees have been received in legal tender with regard to the specific request. 7.2 Zoning enquiries by the public shall not be addressed over the phone. Copies of the Official Plan and Zoning bylaw are available in the office for public review. Copies in whole or part may be requested based on the Municipal User Fees as established by bylaw or resolution of Council and shall be received in advance of or at die same time as the request. Services shall not be provided until the fees have been received in legal tender with regard to the specific request. 8.0 Legal Descriptions Provision of legal descriptions may be given from the assessment roll description, however, it must be identified that the municipality cannot guarantee the accuracy of the description on the assessment roll. In all instances where the information is required, especially for legal or binding purposes, verification with the land registry office is the responsibility of the person making the inquiry. 9.0 Access to Municipal Consultants Consultants are commissioned/hired for the benefit of Council with regard to their specific field of expertise (legal, planning, engineering. etc). Consultants have a fiduciary duty to Council and the CAO and are required to obtain written permission prior to providing information to any member of the public. The inquiries to the Consultant are to be in written form, with a copy provided to the CAO. Public meetings with regard to specific issues shall over ride this policy. Municipal Consultants will not be permitted to charge the Municipality for time and materials with regard to public enquiries not pre-authorized by the CAO. 8 1'7 (1717.711171711=71771=1111=rtTirriri. Appendix"B" Village of Port Burwell By-Law 96-26 j r THE ASSOCIATION OF MUNICIPAL TAX COLLECTORS OF ONTARIO �v1 Municipal Tax Collectors Guide To Effective Collection Negotiation I'LL REPORT YOU TO THE MAYOR TENANT IS RESPONSIBLE TO PAY PROPERTY TAXES ARE YOU THREATENING ME? I DID NOT GET THE BILL I'LL PAY YOU WHEN I RECEIVE PROPER SERVICE I CAN'T PAY IT ALL RIGHT NOW YOU CAN'T SELL MY PROPERTY FOR THREE YEARS, ANYWAY! PAYMENT MUST HAVE BEEN LOST IN THE MAIL TAXES ARE TOO HIGH AND I'M NOT GOING TO PAY THE RESPONSIBLE PARTY ISN'T AVAILABLE UNTIL.. I PAY ALL MY TAXES THROUGH MY RENTAL AGREEMENT WITH MY LANDLORD THE HOUSE/PROPERTY IS FOR SALE I'LL PAY INTEREST WHEN I PAY THE TAXES: YOU'RE NOT LOSING MONEY ON ME WE'VE DECIDED TO LET THE TAXES GO FOR AWHILE I HAVE MORE IMPORTANT PRIORITIES I AM GOING TO APPEAL- I APPEALED AND MY LAWYER ADVISED ME NOT TO PAY RECENTLY SEPARATED-TAXES ARE THE RESPONSIBILITY OF THE OTHER SPOUSE • I AM OUT OF WORK POOR LOCATION/BUSINESS NOT DOING WELL SEASONAL BUSINESS I HAVE NO MONEY (IF YOU PRESS ME I'LL GO OUT OF BUSINESS) THE ASSESSED TAXES ARE FOR MORE SPACE THAN I OCCUPY NO RENTAL INCOME- I CANNOT LEASE THE SPACE THEREFORE I CANNOT PAY THE TAXES WHAT DO I GET FOR MY TAXES THE MOMENT OF TRUTH- ALSO KNOWN AS -THE FINAL DEMAND 4 Copyright © 1993 by David E. Bursey & Associates Inc. Published by David Bursey Sr, Associates Inc. ISBN 0-9696658- 1-4 All rights reserved. No portion of this flip file may be reproduced in any form without the permission of the publisher To order copies of this product, please send your request to: The Association of Municipal Tax Collectors of Ontario P.O. Box 69, Station "A" Toronto, Ontario MSW 1A2 MAID MISR•iiihn Maw 41111 1114.• a AiW 111 W 1v W lil Collector. "Yes, indeed you may speak with your "Today I can negotiate with you an ac- (Alderperson,Council,Reeve)Mayor,Mr/ ceptable payment schedule,tomorrow you Ms Taxpayer. However, I am following will face an accelerated collection effort. collection procedures that have been en- Mr/Ms Taxpayer, which do you prefer?" dorsed by the Mayor(Reeve)and Council. I'LL REPORT YOU TO THE MAYOR TENANT IS RESPONSIBLE TO PAY PROPERTY TAXES ARE YOU THREATENING ME? I DID NOT GET THE BILL I'LL PAY YOU WHEN I RECEIVE PROPER SERVICE I CAN'T PAY IT ALL RIGHT NOW YOU CAN'T SELL MY PROPERTY FOR THREE YEARS, ANYWAY! PAYMENT MUST HAVE BEEN LOST IN THE MAIL TAXES ARE TOO HIGH AND I'M NOT GOING TO PAY THE RESPONSIBLE PARTY ISN'T AVAILABLE UNTIL.. I PAY ALL MY TAXES THROUGH MY RENTAL AGREEMENT WITH MY LANDLORD THE HOUSE/PROPERTY IS FOR SALE I'LL PAY INTEREST WHEN I PAY THE TAXES: YOU'RE NOT LOSING MONEY ON ME WE'VE DECIDED TO LET THE TAXES GO FOR AWHILE I HAVE MORE IMPORTANT PRIORITIES I AM GOING TO APPEAL - I APPEALED AND MY LAWYER ADVISED ME NOT TO PAY RECENTLY SEPARATED - TAXES ARE THE RESPONSIBILITY OF THE OTHER SPOUSE • I AM OUT OF WORK POOR LOCATION/BUSINESS NOT DOING WELL SEASONAL BUSINESS I HAVE NO MONEY (IF YOU PRESS ME I'LL GO OUT OF BUSINESS) THE ASSESSED TAXES ARE FOR MORE SPACE THAN I OCCUPY NO RENTAL INCOME- I CANNOT LEASE THE SPACE THEREFORE I CANNOT PAY THE TAXES WHAT DO I GET FOR MY TAXES THE MOMENT OF TRUTH - ALSO KNOWN AS -THE FINAL DEMAND r ' 2. Who paid last year's taxes? Note To The Collector. 3. Does the tenant understand that(s)he is responsible for payment? This is a straightforward response to your re- 4. Request from the landlord a copy of quest for payment.Either the tenant or the land- the landlord-tenant contract, with its lord is responsible for payment of the taxes - appropriate clause and tenant signa- which? ture. 5. Get a phone number for the tenant. 1. Explain that it is the owner's ultimate 6. Set a date for compliance with your responsibility to ensure the taxes are request. paid, no matter what agreement the 7. Collect from the appropriate party. owner and tenant may have. TENANT IS RESPONSIBLE TO PAY PROPERTY TAXES ARE YOU THREATENING ME? I DID NOT GET THE BILL I'LL PAY YOU WHEN I RECEIVE PROPER SERVICE I CAN'T PAY IT ALL RIGHT NOW YOU CAN'T SELL MY PROPERTY FOR THREE YEARS, ANYWAY! PAYMENT MUST HAVE BEEN LOST IN THE MAIL TAXES ARE TOO HIGH AND I'M NOT GOING TO PAY THE RESPONSIBLE PARTY ISN'T AVAILABLE UNTIL.. I PAY ALL MY TAXES THROUGH MY RENTAL AGREEMENT WITH MY LANDLORD THE HOUSE/PROPERTY IS FOR SALE I'LL PAY INTEREST WHEN I PAY.. HE TAXES: YOU'RE NOT LOSING MONEY ON ME WE'VE DECIDED TO LET THE TAXES GO FOR AWHILE I HAVE MORE IMPORTANT PRIORITIES I AM GOING TO APPEAL - I APPEALED AND MY LAWYER ADVISED ME NOT TO PAY RECENTLY SEPARATED - TAXES ARE THE RESPONSIBILITY OF THE OTHER SPOUSE I AM OUT OF WORK POOR LOCATION/BUSINESS NOT DOING WELL SEASONAL BUSINESS I HAVE NO MONEY (IF YOU PRESS ME I'LL GO OUT OF BUSINESS) THE ASSESSED TAXES ARE FOR MORE SPACE THAN I OCCUPY NO RENTAL INCOME - I CANNOT LEASE THE SPACE THEREFORE I CANNOT PAY THE TAXES WHAT DO I GET FOR MY TAXES THE MOMENT OF TRUTH - ALSO KNOWN AS -THE FINAL DEMAND 4' Collector. "Ah,Mr/Ms Taxpayer,this telephone call "No, it is about your responsibility as a is not about threats of any sort. It is,how- taxpayer to bring your account up to date; ever, about integrity, honour, and your therefore, will you mail me a cheque in reputation in this community for full today?" responsibility and trustworthiness. "Do you wish to tear down the fine repu- tation that you have earned for$1,100.00? "It is to advise you of the action that will be taken in accordance with relevant leg- "Tell me,will you mail me a cheque in full islation and our collection policy. So, tell today?" me, will you mail me a cheque in full today?" "No, we are attempting to collect the un- paid taxes on your account. So, tell me, will you mail me a cheque in full today?" • ARE YOU THREATENING ME? I DID NOT GET THE BILL I'LL PAY YOU WHEN I RECEIVE PROPER SERVICE I CAN'T PAY IT ALL RIGHT NOW YOU CAN'T SELL MY PROPERTY FOR THREE YEARS, ANYWAY! PAYMENT MUST HAVE BEEN LOST IN THE MAIL TAXES ARE TOO HIGH AND I'M NOT GOING TO PAY THE RESPONSIBLE PARTY ISN'T AVAILABLE UNTIL.. I PAY ALL MY TAXES THROUGH MY RENTAL AGREEMENT WITH MY LANDLORD THE HOUSE/PROPERTY IS FOR SALE I'LL PAY INTEREST WHEN I PAY THE TAXES: YOU'RE NOT LOSING MONEY ON ME WE'VE DECIDED TO LET THE TAXES GO FOR AWHILE I HAVE MORE IMPORTANT PRIORITIES I AM GOING TO APPEAL- I APPEALED AND MY LAWYER ADVISED ME NOT TO PAY RECENTLY SEPARATED-TAXES ARE THE RESPONSIBILITY OF THE OTHER SPOUSE I AM OUT OF WORK POOR LOCATION/BUSINESS NOT DOING WELL SEASONAL BUSINESS I HAVE NO MONEY (IF YOU PRESS ME I'LL GO OUT OF BUSINESS) THE ASSESSED TAXES ARE FOR MORE SPACE THAN I OCCUPY NO RENTAL INCOME- I CANNOT LEASE THE SPACE THEREFORE I CANNOT PAY THE TAXES WHAT DO I GET FOR MY TAXES THE MOMENT OF TRUTH -ALSO KNOWN AS-THE FINAL DEMAND it Al W 111 till Ili Ili W W W 'I& ill IL IA Example # I Collector "Our records indicate the bill was mailed Note To The Collector: on to this address. Is this the correct address? If the address you have is not correct,get correct information. This does not alter the taxpayer's "A check of our returned mail file indicates obligation to pay. that the bill has not been returned to us. The amount that is now owing is$ If they did not receive the bill, they could have contacted us so we could have provided a copy. "We will produce a copy of the bill/ac- There is advertising in newspapers,media etc... count and receipt it for you, when you to remind people of tax due dates. If due dates bring your payment in." are the same as always, remind caller of this. The onus is on the taxpayer to ensure the account is paid. If this is a chronic problem,suggest the ratepayer contact the Post Office. • I DID NOT GET THE BILL I'LL PAY YOU WHEN I RECEIVE PROPER SERVICE I CAN'T PAY IT ALL RIGHT NOW YOU CAN'T SELL MY PROPERTY FOR THREE YEARS, ANYWAY! PAYMENT MUST HAVE BEEN LOST IN THE MAIL TAXES ARE TOO HIGH AND I'M NOT GOING TO PAY THE RESPONSIBLE PARTY ISN'T AVAILABLE UNTIL.. I PAY ALL MY TAXES THROUGH MY RENTAL AGREEMENT WITH MY LANDLORD THE HOUSE/PROPERTY IS FOR SALE I'LL PAY INTEREST WHEN I PAY THE TAXES: YOU'RE NOT LOSING MONEY ON ME WE'VE DECIDED TO LET THE TAXES GO FOR AWHILE I HAVE MORE IMPORTANT PRIORITIES I AM GOING TO APPEAL - I APPEALED AND MY LAWYER ADVISED ME NOT TO PAY RECENTLY SEPARATED -TAXES ARE THE RESPONSIBILITY OF THE OTHER SPOUSE I AM OUT OF WORK POOR LOCATION/BUSINESS NOT DOING WELL SEASONAL BUSINESS I HAVE NO MONEY (IF YOU PRESS ME I'LL GO OUT OF BUSINESS) THE ASSESSED TAXES ARE FOR MORE SPACE THAN I OCCUPY NO RENTAL INCOME - I CANNOT LEASE THE SPACE THEREFORE I CANNOT PAY THE TAXES WHAT DO I GET FOR MY TAXES THE MOMENT OF TRUTH - ALSO KNOWN AS -THE FINAL DEMAND Example #1 Example #3 Collector: "What do you mean, specifically, when Collector: "We try and treat each of our citizens with you say,"Proper service"?" the greatest respect, but we cannot aid and abet your efforts to further postpone "Have you spoken to the appropriate de- your civic/municipal duty while the ma- partment in the past about the problem?" jority of law-abiding citizens live up to their legal and moral responsibilities to Note To The Collector the community by paying their taxes. ` If not, put them through to the correct depart- Unless we receive your cheque by return ment, if yes, put them through to the head of mail we will have no choice but to take the that department. action called for in our collection policy. We do not relish taking such drastic mea- sures. Example #2 "So,to avoid further collection action,will Collector. "You may take the matter up with the you mail me a cheque for $2,600.00, to- proper department or council at any time; day?" but,in the meantime,you are obligated to pay your taxes. "Your payment will prevent us from hav- ing to proceed with further collection ac- tions. Will you settle this account today?" I'LL PAYYOU WHEN I RE EIVE PROPER SERVICE C I CAN'T PAY IT ALL RIGHT NOW YOU CAN'T SELL MY PROPERTY FOR THREE YEARS, ANYWAY! PAYMENT MUST HAVE BEEN LOST IN THE MAIL TAXES ARE TOO HIGH AND I'M NOT GOING TO PAY THE RESPONSIBLE PARTY ISN'T AVAILABLE UNTIL.. I PAY ALL MY TAXES THROUGH MY RENTAL AGREEMENT WITH MY LANDLORD THE HOUSE/PROPERTY IS FOR SALE I'LL PAY INTEREST WHEN I PAY THE TAXES: YOU'RE NOT LOSING MONEY ON ME WE'VE DECIDED TO LET THE TAXES GO FOR AWHILE I HAVE MORE IMPORTANT PRIORITIES I AM GOING TO APPEAL-I APPEALED AND MY LAWYER ADVISED ME NOT TO PAY RECENTLY SEPARATED- TAXES ARE THE RESPONSIBILITY OF THE OTHER SPOUSE I AM OUT OKWORK POOR LOCATION/BUSINESS NOT DOING WELL SEASONAL BUSINESS I HAVE NO MONEY (IF YOU PRESS ME I'LL GO OUT OF BUSINESS) THE ASSESSED TAXES ARE FOR MORE SPACE THAN I OCCUPY NO RENTAL INCOME- I CANNOT LEASE THE SPACE THEREFORE I CANNOT PAY THE TAXES WHAT DO I GET FOR MeY TAXES THE MOMENT OF TRUTH-ALSO KNOWN AS-THE FINAL DEMAND Collector. "Great, Mr/Ms Taxpayer, I will accept Note To The Collector. your current cheque for$1,000.00 provided that it is accompanied by two post-dated Here are several considerations: cheques for$800.00 each,and dated for_ Whatand . Will you mail me the three is the citizen's attitude? cheques today. That question has to do with willingness to pay. Citizen: "I will send you $1,000.00, but I will not - What is the citizen's financial condition? send you post-dated cheques;it will upset That question has to do with the ability to my bookkeeping system." pay. - What is your policy regarding extensions? Collector. "Well, it shouldn't disrupt your book- - What are the local economic conditions? keeping system,Mr/Ms Taxpayer,I mean, - Based upon the available financial informa- you are the one writing the post-dated tion, how much should (s)he be willing to cheques. All you need to do is write the pay? date on a calendar and as each approaches - How can I get this tax bill paid quickly? simply insure that sufficient funds are i available to clear each cheque. In that way you will be protecting your credit reputa- Collector. Alright,Mr/Ms Taxpayer,I understand; tion, and you will ensure no further col- however, you are 6 months overdue on lection calls. So, will you mail me the $2,600.00, and we must settle the issue three cheques today?" today. Now, tell me,of the$2,600.00 that you owe,how much are you short?" Citizen: "I am short$1,600.00." • I CAN'T PAY IT ALL RIGHT NOW YOU CAN'T SELL MY PROPERTY FOR THREE YEARS, ANYWAY! PAYMENT MUST HAVE BEEN LOST IN THE MAIL TAXES ARE TOO HIGH AND I'M NOT GOING TO PAY THE RESPONSIBLE PARTY ISN'T AVAILABLE UNTIL.. I PAY ALL MY TAXES THROUGH MY RENTAL AGREEMENT WITH MY LANDLORD THE HOUSE/PROPERTY IS FOR SALE I'LL PAY INTEREST WHEN I PAY THE TAXES: YOU'RE NOT LOSINSG MONEY ON ME WE'VE DECIDED TO LET THE TAXES GO FOR AWHILE I HAVE MORE IMPORTANT PRIORITIES I AM GOING TO APPEAL- I APPEALED AND MY LAWYER ADVISED ME NOT TO PAY RECENTLY SEPARATED - TAXES ARE THE RESPONSIBILITY OF THE OTHER SPOUSE I AM OUT OF WORK POOR LOCATION/BUSINESS NOT DOING WELL SEASONAL BUSINESS I HAVE NO MONEY (IF YOU PRESS ME I'LL GO OUT OF BUSINESS) THE ASSESSED TAXES ARE FOR MORE SPACE THAN I OCCUPY NO RENTAL INCOME - I CANNOT LEASE THE SPACE THEREFORE I CANNOT PAY THE TAXES WHAT DO I GET FOR MY TAXES THE MOMENT OF TRUTH - ALSO KNOWN AS - THE FINAL DEMAND a 144. � : �.L, .�L ai h 'W 41 16 It 'Ad 'A 't& lib ready paid their share and now must carry Note To The Collector. the costs for you as well. Is this fair to them? There are not,it seems to me,three examples of how to respond to this taunting impudence. "A search of your title to the property will Upon delivering the suggested response, if the be done and any interested parties listed debtor remains defiant turn to the shingle will be notified. Non-payment of taxes is marked "THE MOMENT OF TRUTH" and default of most mortgage contracts. conclude your contact with the taxpayer. "Do you realize that you are paying _% (per cent) interest to us and that you can Collector. "Yes, Mr/Ms Taxpayer, you are correct, borrow money at a cheaper rate to pay the however, we do have several other alter- debt? The sooner you settle the account, natives to collect taxes. the more financially advantageous this will be for you. Will you work with me on a "The municipality needs tax dollars to payment arrangement schedule?" continue to provide services to the mu- nicipality. -(If property is tenanted)The municipality has the authority under the Municipal Act "The expenses for your children to go to to seize rents from the tenants and apply school, pay for police, fire protection the monies toward the unpaid taxes until etc...(fill in as desired)are now being paid the account is paid. for you by your neighbours who have al- YOU CAN'T SELL MY PROPERTY FOR THREE YEARS, ANYWAY! PAYMENT MUST HAVE BEEN LOST IN THE MAIL TAXES ARE TOO HIGH AND I'M NOT GOING TO PAY THE RESPONSIBLE PARTY ISN'T AVAILABLE UNTIL.. I PAY ALL MY TAXES THROUGH MY RENTAL AGREEMENT WITH MY LANDLORD THE HOUSE/PROPERTY IS FOR SALE I'LL PAY INTEREST WHEN I PAY THE TAXES: YOU'RE NOT LOSING MONEY ON ME WE'VE DECIDED TO LET THE TAXES GO FOR AWHILE I HAVE MORE IMPORTANT PRIORITIES I AM GOING TO APPEAL - I APPEALED AND MY LAWYER ADVISED ME NOT TO PAY RECENTLY SEPARATED - TAXES ARE THE RESPONSIBILITY OF THE OTHER SPOUSE I AM OUT OF WORK POOR LOCATION/BUSINESS NOT DOING WELL SEASONAL BUSINESS I HAVE NO MONEY (IF YOU PRESS ME I'LL GO OUT OF BUSINESS) THE ASSESSED TAXES ARE FOR MORE SPACE THAN I OCCUPY NO RENTAL INCOME- I CANNOT LEASE THE SPACE THEREFORE I CANNOT PAY THE TAXES WHAT DO I GET FOR MY TAXES THE MOMENT OF TRUTH - ALSO KNOWN AS - THE FINAL DEMAND I, \k W ' ' lir li" ' W 'a 1r 16 ii 1 6 Collector. "Why do you say that,Mr/Ms Taxpayer?" ago, I conclude that it must have gone astray. I suggest that in order for you to Citizen: 9 "1 mailed the cheque two weeks ago." protect yourself you put a stop payment Collector. "Well, thankyou, Mr/Ms Taxpayer, we on it. Do you agree that my suggestion is a wise move for you to make. appreciate that. So that we don't make unnecessary collection calls to you, may I Citizen: "I guess so." ask you a few questions?" Collector. "What time today will you go to the bank Sample Ouestions For The Collector To and put a stop payment on the cheque, you know,to protect yourself?" - On which bank was your cheque Citizen: "Oh, let's say one o'clock." drawn? - Who signed the cheque? Collector. "You will be at your bank at one o'clock?" - What is the cheque number? - What is the cheque amount? Citizen: "Yes,okay?" - Was it for the full amount owed to us? Exact date the cheque was mailed? Collector "While you are at the bank protecting - Did the cheque have that day's date on yourself with a stop payment order I sug- it? gest that you create another cheque, sign To what address did you mail the it,and certify it in the sum of$1,000.00. In cheque? so doing,Mr/Ms Taxpayer,you will retain To whose attention was it sent? our goodwill and ensure that no further collection activity occurs on your account. Collector. "We have found that mail(regularly)flows Will you do that for me at one o'clock?" between your location and ours in_days. Since your cheque was mailed that long • PAYMENT MUST HAVE BEEN LOST IN THE MAIL TAXES ARE TOO HIGH AND I'M NOT GOING TO PAY THE RESPONSIBLE PARTY ISN'T AVAILABLE UNTIL.. I PAY ALL MY TAXES THROUGH MY RENTAL AGREEMENT WITH MY LANDLORD THE HOUSE/PROPERTY IS FOR SALE I'LL PAY INTEREST WHEN I PAY THE TAXES: YOU'RE NOT LOSING MONEY ON ME WE'VE DECIDED TO LET THE TAXES GO FOR AWHILE I HAVE MORE IMPORTANT PRIORITIES I AM GOING TO APPEAL - I APPEALED AND MY LAWYER ADVISED ME NOT TO PAY RECENTLY SEPARATED -TAXES ARE THE RESPONSIBILITY OF THE OTHER SPOUSE I AM OUT OF WORK POOR LOCATION/BUSINESS NOT DOING WELL SEASONAL BUSINESS I HAVE NO MONEY (IF YOU PRESS ME I'LL GO OUT OF BUSINESS) THE ASSESSED TAXES ARE FOR MORE SPACE THAN I OCCUPY NO RENTAL INCOME-I CANNOT LEASE THE SPACE THEREFORE I CANNOT PAY THE TAXES WHAT DO I GET FOR MY TAXES L THE MOMENT OF TRUTH - ALSO KNOWN AS -THE FINAL DEMAND "Understand, please, that "writ" will be Note To The Collector on your credit record immediately, and when we get a judgement against you it I cannot believe that someone would say that to will remain on your credit record in North you! It must not pass unchallenged. Maintain America for SEVEN YEARS - even after your composure at all times, but this dodge you have settled your account with us! calls for firmness. Where will you go in an emergency to get credit? A judgement is registered against Has (s)he spoken to the Assessment Office to you in all Credit Bureaus!" find out if the assessment is correct? (If not, give him/her the phone number and an Realty assessor's name if possible). Tax: "Listen Mr/Ms Taxpayer,non-payment of your taxes is a default of your mortgage Collector: "Alright, Mr/Ms Taxpayer, you have contract; your mortgage company along reached a decision. However, it is not a with all of your other creditors will be fair decision since our other citizens are notified of your failure to pay your taxes. not only paying their taxes, but next year Is that what you want? they may well be faced with a tax increase "Or,would you rather commit to sending because you failed to pay your fair share nie a cheque in full right now?" of the tax load this year. I cannot allow that to happen. "Do you realize that we are collecting not only the taxes that are for municipal ser- Business vices, but also for the schools and the re- Tax: "Because you have taken such a stance we gion/county. Our share of the total taxes will proceed to litigation against you to- is only %(per cent)?" morrow morning by placing a statement of claim against you in small claims court Reference: See "What Do I Get For My of Taxes?" TAXES ARE TOO HIGH AND I'M NOT GOING TO PAY THE RESPONSIBLE PARTY ISN'T AVAILABLE UNTIL.. I PAY ALL MY TAXES THROUGH MY RENTAL AGREEMENT WITH MY LANDLORD THE HOUSE/PROPERTY IS FOR SALE I'LL PAY INTEREST WHEN I PAY THE TAXES: YOU'RE NOT LOSING MONEY ON ME WE'VE DECIDED TO LET THE TAXES GO FOR AWHILE I HAVE MORE IMPORTANT PRIORITIES I AM GOING TO APPEAL - I APPEALED AND MY LAWYER ADVISED ME NOT TO PAY RECENTLY SEPARATED-TAXES ARE THE RESPONSIBILITY OF THE OTHER SPOUSE I AM OUT OF WORK POOR LOCATION/BUSINESS NOT DOING WELL SEASONAL BUSINESS I HAVE NO MONEY (IF YOU PRESS ME I'LL GO OUT OF BUSINESS) THE ASSESSED TAXES ARE FOR MORE SPACE THAN I OCCUPY NO RENTAL INCOME- I CANNOT LEASE THE SPACE THEREFORE I CANNOT PAY THE TAXES WHAT DO I GET FOR MY TAXES THE MOMENT OF TRUTH - ALSO KNOWN AS -THE FINAL DEMAND A I& lb 111 Collector. "Mr/Ms Taxpayer, it is our belief and ex- Note To The Collector perience that when a cheque signer leaves the business (s)he leaves behind certain Example questions for you to ask: provisions for taking care of business, signed cheques for instance. Now, if you Is there a number and address where (s)he can be reached? decide to exclude us from that provision, then you should also prepare to take the - How are the essential overhead expenses to responsibility for our action in this matter, be paid in his/her absence? because we are not prepared to wait until - On what dates will you and the other em- the responsible party returns. I am obli- ployees get paid? gated to take the action called for in my - Will (s)he be calling the store,office etc...? collection policy. To prevent us from tak- - Is there an alternate cheque-signer? ing that step in the boss's absence, will - Who is left in charge? you mail me a cheque in full today?" - What time can we expect him/her to call back? Note To The Collector. There are two solutions to this excuse: 1. Wait for the return of the responsible party; 2. Attempt to collect from the person left in charge of the business,office etc... THE RESPONSIBLE PARTY ISN'T AVAILABLE UNTIL.. I PAY ALL MY TAXES THROUGH MY RENTAL AGREEMENT WITH MY LANDLORD THE HOUSE/PROPERTY IS FOR SALE I'LL PAY INTEREST WHEN I PAY THE TAXES: YOU'RE NQT LOSING MONEY ON ME WE'VE DECIDED TO LET THE TAXES GO FOR AWHILE I HAVE MORE IMPORTANT PRIORITIES I AM GOING TO APPEAL - I APPEALED AND MY LAWYER ADVISED ME NOT TO PAY RECENTLY SEPARATED -TAXES ARE THE RESPONSIBILITY OF THE OTHER SPOUSE I AM OUT OF WORK POOR LOCATION/BUSINESS NOT DOING WELL SEASONAL BUSINESS I HAVE NO MONEY (IF YOU PRESS ME I'LL GO OUT OF BUSINESS) THE ASSESSED TAXES ARE FOR MORE SPACE THAN I OCCUPY NO RENTAL INCOME - I CANNOT LEASE THE SPACE THEREFORE I CANNOT PAY THE TAXES WHAT DO I GET FOR MY TAXES THE MOMENT OF TRUTH-ALSO KNOWN AS-THE FINAL DEMAND Example #1 Note To The Collector. Collector. "Mr/Ms Taxpayer,my telephone call may Patiently explain to the citizen that (s)he may be shocking, today, and I am inclined to well be paying a portion of the landlord's prop- allow you two or three days to confirm erty taxes,insurance coverage,and maintenance with your lawyer/accountant that you contract-in the monthly rental bill. Inform the have an obligation to pay this bill. Now, citizen that the assessed business taxes are sepa- this is Monday; I will call you back on rate from any lease requirement in his/her rela- Wednesday morning, and arrange for a tionship with the landlord; the business tax is a cheque pick-up. I urge you to make this a cost of doing business in the locality as it is priority,because,in so doing you will halt across the Province. It is also the law! further collection efforts. Will you be there to receive my call on Wednesday?" OUESTIONS TO ASK. Example #2 - How long in business? Familiarize yourself with the shingle, - Did your accountant/lawyer notify you "THE MOMENT OF TRUTH". Practice of ALL the costs of operating your own speaking the words and the phrases-make business? them your own. In cases where the citizen What is your landlord's name and tele- will not co-operate in the example#1, the phone number? moment of truth must not arrive 12 months Did your landlord inform you that in later, but immediately. That is the only addition to your rent, you would be way for the message to get out to your required to pay a business tax? community - TAXES MUST BE PAID - Did the assessor (from the assessment AND PAID ON TIME. Select your office)reveal to you the purpose of his/ favourite response from the final demand her visit to your place of business? choices, and deliver it to the citizen. If a How long do you intend to do business standoff occurs, do not submit to threats in this area? • - Did you discuss the business taxes when or to blackmail-act. you applied for your transient traders licence? I PAY ALL MY TAXES THROUGH MY RENTAL AGREEMENT WITH MY LANDLORD THE HOUSE/PROPERTY IS FOR SALE I'LL PAY INTEREST WHEN I PAY THE TAXES: YOU'RE NOT LOSING MONEY ON ME WE'VE DECIDED TO LET THE TAXES GO FOR AWHILE I HAVE MORE IMPORTANT PRIORITIES I AM GOING TO APPEAL - I APPEALED AND MY LAWYER ADVISED ME NOT TO PAY RECENTLY SEPARATED -TAXES ARE THE RESPONSIBILITY OF THE OTHER SPOUSE I AM OUT OF WORK POOR LOCATION/BUSINESS NOT DOING WELL SEASONAL BUSINESS I HAVE NO MONEY (IF YOU PRESS ME I'LL GO OUT OF BUSINESS) THE ASSESSED TAXES ARE FOR MORE SPACE THAN I OCCUPY NO RENTAL INCOME- I CANNOT LEASE THE SPACE THEREFORE I CANNOT PAY THE TAXES WHAT DO I GET FOR MY TAXES THE MOMENT OF TRUTH - ALSO KNOWN AS - THE FINAL DEMAND I al I ili 16 i I I ifi A+ Ai iiii 1 44VI r )6161W16 lir 1ris ii Example #1 Collector. "Mr/Ms Taxpayer, since your tax bill is old,and since it may be a matter of months before the sale of your house is completed, Note To The Collector. I have no inclination to simply wait for the This is a tricky dodge from the standpoint of matter to take its course. I know that you timing. You know that a prospective buyer's may sincerely believe that you have a valid lawyer will see to it that all bills are paid before reason for delaying the payment of your finalizing the real estate deal. You will get your taxes, but you need to hear this: we are tax payment. Are you prepared to wait until not going to wait until you sell your the house is sold? house...we will take action against you immediately, unless you give me your - Determine if this is a serious sale or a tax commitment of payment today. Your most dodger. important bill is your taxes. When you ' - Date of the listing. pay without our having to take action, - When do you anticipate a sale? you are ensuring that you will prevent the sort of stress which disrupts family life. Now, unless we receive your cheque by Example #2 return mail we will have no choice but to take the action called for in our collection Note To The Collector. policy. Will you therefore mail me your cheque today?" Perhaps you do not want to wait for payment in full until the property is sold. You have little option open to you. It will be difficult to receive municipal agreement for the use of a Bailiff. Placing a statement of claim against the taxpayer in small claims court may result in immediate • payment; on the other hand, most tax dodgers will bank upon you not taking that step. When they realize the irrevocable step has been taken, they will immediately pay to prevent any delay in their plans for the house. THE HOUSE/PROPERTY IS FOR SALE I'LL PAY INTEREST WHEN I PAY THE TAXES: YOU'RE NOT LOSING MONEY ON ME WE'VE DECIDED TO LET THE TAXES GO FOR AWHILE I HAVE MORE IMPORTANT PRIORITIES I AM GOING TO APPEAL - I APPEALED AND MY LAWYER ADVISED ME NOT TO PAY RECENTLY SEPARATED - TAXES ARE THE RESPONSIBILITY OF THE OTHER SPOUSE I AM OUT OF WORK POOR LOCATION/BUSINESS NOT DOING WELL SEASONAL BUSINESS I HAVE NO MONEY (IF YOU PRESS ME I'LL GO OUT OF BUSINESS) THE ASSESSED TAXES ARE FOR MORE SPACE THAN I OCCUPY NO RENTAL INCOME - I CANNOT LEASE THE SPACE THEREFORE I CANNOT PAY THE TAXES WHAT DO I GET FOR MY TAXES THE MOMENT OF TRUTH-ALSO KNOWN AS -THE FINAL DEMAND J `16 )6' `fir `b tt `i6 )6 )6 )6 IN INit b • • Example #1 projected tax collection. The orderly con- duct of business life in our community is Collector. "Oh,thank you Mr/Ms Taxpayer,for that predicated upon the timely collection of pledge to pay interest on your debt. The those taxes. When you fail to bear your word when provides my only difficulty fair share of the burden we assess a pen- with your promise, and if we could be alty - you call it interest. We want your more specific,we would have no problem tax bill paid;you do not want to delay any accommodating you. Now since you owe longer, because we are prepared to pro- $2,600.00, and since you have not paid ceed with further collection action*imme- taxes for a full year, and since your new diately,and the penalties assessed to your tax bill for the current year is already be- account from that action will be quite ing prepared,l propose that you give us a heavy. To prevent such drastic action in current cheque for$1,300.00,and two post- this matter, Mr/Ms Taxpayer, will you dated cheques for $650.00 each, and mail me your cheque in full,today?" dated , and . Will you deliver those three cheques to this office today?" Note To The Collector. Note To The Collector. * List as applicable- Bailiff,Collection Agency, Credit Bureau,Court. You are making an arrangement not only to collect the arrears,but the ratepayer must make a commitment to keep the account current. Example #3 Collector - "The municipality has to continue to Example #2 provide the services to run the commu- nity and we need the tax money to pay Collector. "It is interesting that you would say that for these services." we are not "losing money"on you when, in fact,we aren't getting ANY money from - "High arrears affects the credit rating • you. I believe that we tax+collectors must of the municipality so that it will cost treat our fellow citizens with the greatest ratepayers more in the future." respect and courtesy, Mr/Ms Taxpayer, but we are not a bank,nor are we a finance - "It is a false impression that the mu- company; we do not operate from a bud- nicipality is making money because the get made up of interest payments from • costs to collect unpaid monies out- citizens, but from a budget based upon weighs the interest earned." I'LL PAY INTEREST WHEN I PAY THE TAXES: YOU'RE NOT LOSING MONEY ON ME WE'VE DECIDED TO LET THE TAXES GO FOR AWHILE I HAVE MORE IMPORTANT PRIORITIES I AM GOING TO APPEAL- I APPEALED AND MY LAWYER ADVISED ME NOT TO PAY RECENTLY SEPARATED-TAXES ARE THE RESPONSIBILITY OF THE OTHER SPOUSE I AM OUT OF WORK POOR LOCATION/BUSINESS NOT DOING WELL SEASONAL BUSINESS I HAVE NO MONEY (IF YOU PRESS ME I'LL GO OUT OF BUSINESS) THE ASSESSED TAXES ARE FORMORE SPACE THAN I OCCUPY NO RENTAL INCOME-I CANNOT LEASE THE SPACE THEREFORE I CANNOT PAY THE TAXES WHAT DO I GET FOR MY TAXES THE MOMENT OF TRUTH-ALSO KNOWN AS-THE FINAL DEMAND - 3 `* + 4 4 i W W W * mamma mirr Citizen: "We know that you are charging high in- choose an appropriate time to pay your terest, but we've decided to let the taxes taxes. Well, that is just not good enough. go for awhile." We are not a bank,or a finance company; unless we receive your taxes in a timely manner,we will lack the funds to continue Note To The Collector local government operations. You must When the citizen makes such a statement, in- realize that for every one of your actions, stead of leaping to a defensive retort,probe. we have a reaction-which,in the long run will prove quite costly to you. Therefore, - When you say, "We",whom do you mean? we need from you NOW a specific com- - Are they aware of the consequences of that mitment on a specific payment schedule, decision? for specific dates. Since you are already months in arrears, "Ido have a payment plan which will help specifically what do you mean by the phrase, r a while"? you retain your peace of mind, will you Are you working? work with me on it?" • - Where do you work? ********** - Is your spouse working? - Where does he/she work? Example #3 Collector. "Look, Mr/Ms Taxpayer, yes, we charge interest; but we assess it as a PENALTY Example #1 charge on overdue tax bills-and a HEFTY 15% per annum, starting on the day after Collector. "I hear you,Mr/Ms Taxpayer,and I-would your payment was due.But THAT IS NOT like to be able to permit you to let your YOUR LICENCE TO AVOID DUE taxes "go for awhile",but if I did that,con- DATES! fidentially, I would be doing you a grave disservice.So, tell me,will you mail me a "We do not want to charge either low or cheque in full today?" high interest;we want you to PAY YOUR TAXES ON TIME-EVERY TIME! "Now, to avoid serious collection activity Example #2 with its attendant embarrassment and unpleasantness,will you mail me a cheque Collector. "Mr/Ms Taxpayer, you tell me that the in full today?" answers to my questions are none of my business.And you announce that you will WE'VE DECIDED TO LET THE TAXES GO FOR AWHILE I HAVE MORE IMPORTANT PRIORITIES I AM GOING TO APPEAL - I APPEALED AND MY LAWYER ADVISED ME NOT TO PAY RECENTLY SEPARATED -TAXES ARE THE RESPONSIBILITY OF THE OTHER SPOUSE I AM OUT OF WORK POOR LOCATION/BUSINESS NOT DOING WELL SEASONAL BUSINESS I HAVE NO MONEY (IF YOU PRESS ME I'LL GO OUT OF BUSINESS) THE ASSESSED TAXES ARE FOR MORE SPACE THAN I OCCUPY NO RENTAL INCOME - I CANNOT LEASE THE SPACE THEREFORE I CANNOT PAY THE TAXES WHAT DO I GET FOR MY TAXES THE MOMENT OF TRUTH - ALSO KNOWN AS -THE FINAL DEMAND y 41 ve 6 6 41 41 di .41 4 ih 44 di Widikklat LAI WI Example #2 Note To The Collector: Collector: "Mr/Ms Taxpayer, when you compiled There are two methods for answering this tax- your priority list you exercised your right payer response. One, you will work with the to make a choice. You chose to pay (now, person provided (s)he honestly answers your repeat their list),and you chose to exclude questions, and provided that their record for from your list the most important item of paying taxes is clean.Two,after listening to the all-your taxes. taxpayer's priorities,you may insist on payment in full-based entirely upon your priorities. "The time has come for you to rethink your priorities, Mr/Ms Taxpayer, and to begin distributing your available money Example # 1 more wisely.You settled those other obli- gations(probably)because you were afraid Citizen: I have more important priorities at this of the action those creditors would take if time. I won't forget about you, though, you failed to pay them. just be patient." "Well, you made your choice, Mr/Ms Collector: "I am not concerned that you will forget Taxpayer, now I will inform you that the about us, Mr/Ms Taxpayer,but I am cer- payment of your taxes is a matter of TOP tainly concerned about getting your taxes priority with us. Today you may make paid. Now, tell me, what specifically are payment arrangements with me, or to- those"more important"priorities?" morrow you will leave me with no alter- native but to proceed with further collec- Note To The Collector: tion actions. Will you settle with me, to- day?" The taxpayer must list for you those obligations which (s)he considers priority, and you will judge the merits of his/her conclusion.THERE IS NO OBLIGATION MORE IMPORTANT THAN THE TAX QUESTION. After listening to the taxpayer's priorities,you may agree to an extraordinary payment schedule. Keep in mind that many citizens may resent the tax burden,but taxes are necessary. Your job is to cause them to re-think their priorities. I HAVE MORE IMPORTANT PRIORITIES I AM GOING TO APPEAL - I APPEALED AND MY LAWYER ADVISED ME NOT TO PAY RECENTLY SEPARATED - TAXES ARE THE RESPONSIBILITY OF THE OTHER SPOUSE I AM OUT OF WORK POOR LOCATION/BUSINESS NOT DOING WELL SEASONAL BUSINESS I HAVE NO MONEY (IF YOU PRESS ME I'LL GO OUT OF BUSINESS) THE ASSESSED TAXES ARE FOR MORE SPACE THAN I OCCUPY NO RENTAL INCOME - I CANNOT LEASE THE SPACE THEREFORE I CANNOT PAY THE TAXES WHAT DO I GET FOR MY TAXES THE MOMENT OF TRUTH - ALSO KNOWN AS - THE FINAL DEMAND 4 4 4 4 4 4 4 4 4 4 4 W W Wfel Example #1 "I am going to appeal". Collector. "Your appeal does not change your obli- gation to pay the taxes. May I suggest that - When did you appeal your assessment? you contact your lawyer to discuss this - Are you familiar with the Assessment matter. If you wish, have your solicitor Appeals Procedure? call me about your account. However, if - What step will you take first? we have not been contacted by (name a date) we will have to proceed Collector. "You have the right to appeal your as- with further collection action." sessment,and to receive an official ruling. However, in the meantime,while you are involved in the appeal process,you have a Note To The Collector legal,which is to say,a binding obligation to pay your presently assessed taxes. We If there is likely to be a substantial decrease are not prepared to wait for your appeal (residential to farm for example) you can recal- process to conclude before we collect the culate the correct amount based on information monies due this municipality. If, at the from the assessor and get the ratepayer to pay end of your appeal,you are due a refund, that. it will be forwarded to you, and your as- sessment adjusted. If the citizen refuses to give his lawyer's name, go immediately to the"MOMENT OF TRUTH" "So, to clear your account, and to keep shingle,and select your final demand. your record clear of delinquency - which is to your benefit, will you mail me a cheque in full today?" Example #2 "I appealed, and my lawyer advised me not to pay". Note To The Collector. Has the word really circulated in your locality, that you are a paper tiger? I mean, would a lawyer really offer such unsound advice to his client-in view of your collection powers? Does the word need to go out on you that you are fair, but that you will cease to tolerate tax dodgers(if for no other reason) out of respect for taxpay- ers?Then set an example. I AM GOING TO APPEAL - I APPEALED AND MY LAWYER ADVISED ME NOT TO PAY RECENTLY SEPARATED - TAXES ARE THE RESPONSIBILITY OF THE OTHER SPOUSE I AM OUT OF WORK POOR LOCATION/BUSINESS NOT DOING WELL SEASONAL BUSINESS I HAVE NO MONEY (IF YOU PRESS ME I'LL GO OUT OF BUSINESS) THE ASSESSED TAXES ARE FOR MORE SPACE THAN I OCCUPY NO RENTAL INCOME - I CANNOT LEASE THE SPACE THEREFORE I CANNOT PAY THE TAXES WHAT DO I GET FOR MY TAXES THE MOMENT OF TRUTH - ALSO KNOWN AS -THE FINAL DEMAND ih lb lii 111 111 a W W W W 111 111 ■ Example #1 and to contact your spouse and discuss with him/her the urgency of the situation. Possible questions for the collector. Use And I must impress upon you that failure your discretion to get the information to act in a timely manner and clear this needed. account will eventually result in losing your house. Will you therefore pledge to - Who currently pays for the general up- contact your spouse, and arrange for this keep expenses? bill to be paid by Friday?" - Date of the separation. - Name of the separated spouse. - New address of the separated spouse. - Place of employment of both spouses. Example #3 - Is yours a legal,or a formal separation? - What arrangements have been made to Collector. "I do not wish to appear insensitive about pay the ongoing expenses of the house? your situation,Mr/Ms Taxpayer,but your property taxes will not disappear simply Note: There is no reason for you to NOT because your spouse has separated from contact the other spouse, and attempt to you. In fact,because of the separation you get him/her to send you a cheque for the need to be aware of the consequences to full amount today. When or if the run- your financial status by your refusal to around occurs it is up to you to refocus the take the responsibility for ensuring the collection effort, and to set the payment payment of your bills. Not only will your terms. Go immediately to the shingle en- mortgage company have a keen interest in titled"THE MOMENT OF TRUTH",and the fact that your taxes go unpaid, but make your final demand. think of all of the other every day creditors in your life whose involvement enables you to enjoy a certain quality of life. What would happen to you if, suddenly, you Example #2 had no available lines of credit? Collector. "Your spousal situation may be painful, "I have no desire to add to your woes,but and, therefore, difficult for you to deal we cannot refrain from demanding that with,but I must inform you that no matter which is legally just and correct,the taxes. what you think,,or how much you would When we neglect to collect from you, we like it to be otherwise, the registered run the risk of weakening our own ability owners are ultimately responsible for the to continue to provide services to the mu- payment of the taxes. Failure to deal with nicipality. I therefore must take the action the debt now will only compound your called for in our collection policy...unless marital problems by jeopardizing your you offer certain assurances right now. ownership of the house. Since I am certain So, tell me, will you make the necessary that you do not want to lose your equity in arrangements to settle this account, to- the property, I am inclined to give you a day?" couple of days to re-think your stance, RECENTLY SEPARATED-TAXES ARE THE RESPONSIBILITY OF THE OTHER SPOUSE I AM OUT OF WORK POOR LOCATION/BUSINESS NOT DOING WELL SEASONAL BUSINESS I HAVE NO MONEY (IF YOU PRESS ME I'LL GO OUT OF BUSINESS) THE ASSESSED TAX'S ARE FOR MORE SPACE THAN I OCCUPY NO RENTAL INCOME-I CANNOT LEASE THE SPACE THEREFORE I CANNOT PAY THE TAXES WHAT DO I GET FOR MY TAXES THE MOMENT OF TRUTH-ALSO KNOWN AS-THE FINAL DEMAND iil II 1 i kA 1 1 iki AA k Ai kel reA kil W iii a W W W W W it III Example # I Collector. "Well, Mr/Ms Taxpayer, this tax bill is 10 Some of the questions which you need to months in arrears, may I ask why you consider when you are required to deal waited until now to inform us?" with the problem of unemployment: Citizen: "I was looking,and hoping for a new job." - Is the unemployed individual receiv- ing unemployment insurance benefits? Collector. "Are you receiving unemployment insur- - Is the spouse working? ance benefits?" - Does (s)he have the ability to raise Citizen: "Yes, I am." needed capital through private loans from friends,or from family,or from a Collector. "Good, Mr/Ms Taxpayer, I need you to bank or a finance company? come to my office this afternoon,sit down - Does (s)he have access to investments, with me, and discuss and formulate a savings(RRSP's,and the like),and other payment plan which will suit your present sources of funds? situation. Will you come to see me at two - What arrangements have been made to o'clock today?" keep the other bills paid? Note To The Collector. Note To The Collector. From the beginning... Carefully scrutinize your collection strategy. - Reduce every direction, every solution, ev- You must not leap to snap conclusions. After ery action to writing. Put EVERYTHING in asking for payment in full,if you determine that writing at any meeting and all telephone calls this is a genuine case of hardship, you must with the citizen. submit to the taxpayer a repayment plan which will not only help the citizen to become current, - Write a letter to the citizen outlining all of the but which will save his/her dignity, and self- agreed-upon points, and attach to the back respect. If necessary,suggest they contact social side of the letter a copy of the tax bill. services. - Monitor and manage all agreed-upon actions and commitments. Any resistance to your payment schedule, or Example #2 any avoidance of a payment must be dealt with Collector. "That is unfortunate, Mr/Ms Taxpayer, immediately and forcefully. Refer to the "Mo- exactly when did you lose your job?" ' ment of Truth". Citizen: "Two months ago." I AM OUT OF WORK POOR LOCATION/BUSINESS NOT DOING WELL SEASONAL BUSINESS I HAVE NO MONEY (IF YOU PRESS ME I'LL GO OUT OF BUSINESS) THE ASSESSED TAXES ARE FOR MORE SPACE THAN I OCCUPY NO RENTAL INCOME - I CANNOT LEASE THE SPACE THEREFORE I CANNOT PAY THE TAXES WHAT DO I GET FOR MY TAXES THE MOMENT OF TRUTH - ALSO KNOWN AS -THE FINAL DEMAND ii W Al al kill AiIII W W W W W ill Sample Questions You Should Ask: Citizen: "I don't like this pressure; if I could have - What line of business are you engaged paid I would have paid." in? Collector. "Mr/Ms Taxpayer, please do not misun- - How long have you been located at that derstand; this telephone call is not meant address? to pressure you, but to offer you one last - Did you or your agents conduct a mar- opportunity to settle your tax bill amicably. keting survey or analysis prior to opening the business? "We are trying to avoid further collection Specifically, what are you doing to action which will add more costs to your overcome your present dilemma? account. - What steps are you taking to settle your "So, bearing that in mind, will you settle financial obligations? this tax bill with me now?" Collector. "Mr/Ms Taxpayer,business people do not Citizen: "The business tax is too high in relation to choose a location simply because the pre- the income from my business." mises are empty,available,or cheap;since you chose your location, you must have Collector. "I understand your concern, Mr/Ms Tax- concluded that your business establish- payer, however, your assessed business ment was justified. So, to prevent an ad- tax has no correlation to the amount of dition to your stated present business money your business makes. Your busi- woes, will you mail me a cheque in full ness tax is assessed based upon location today?" and space. Since you chose the location and space it is your obligation to now pay Citizen: "No,I just don't have the money." the legally applied Business Taxes. When a business person behaves in disregard Collector. "I'm so sorry to hear that, Mr/Ms Tax- for the laws covering Business Taxes, we payer, how are you managing to keep up conclude that we may have no other alter- with your operating costs?" native but to proceed with further collec- "Is there some money coming in?" tion action. It is, therefore, only fair and "Are you paying the landlord?" reasonable that we inform you of the con- sequences. "What steps are you taking to lift yourself out of your predicament?" "I am offering to you this one opportunity "Of the $2600.00 you owe for taxes, how to escape the embarrassment,the unpleas- much are you short?" antness, and the expense of collection ac- "Alright, Mr/Ms Taxpayer, I will accept tion. $600.00 on this tax bill,provided that it is "Will you mail me a cheque in full today?" accompanied by four post-dated cheques in the amount of$500.00 each and dated (so and so).Will you mail me those cheques today?" POOR LOCATION/BUSINESS NOT DOING WELL SEASONAL BUSINESS I HAVE NO MONEY (IF YOU PRESS ME I'LL GO OUT OF BUSINESS) THE ASSESSED TAXES ARE FOR MORE SPACE THAN I OCCUPY NO RENTAL INCOME- I CANNOT LEASE THE SPACE THEREFORE I CANNOT PAY THE TAXES WHAT DO I GET FOR MY TAXES THE MOMENT OF TRUTH - ALSO KNOWN AS -THE FINAL DEMAND w w w411 hil hiliAAAAA A A w ih W W W W W lid N Note To The Collector Note To The Collector. You want to be fair to the municipality,to elected The sad truth - many business people don't officials,and to the taxpayer in all of your efforts. consider the Business Tax a part of their business As with most of the stalls, excuses, or danger obligation. signals,the taxpayer either has or does not have the money. Even if the business is seasonal the Collector. "Mr/Ms Taxpayer, you are paying the taxes are on an annual basis as per the Assess- telephone company, or you wouldn't be mens Act. using the telephone now; you are paying When a business has sufficient cash flow, bills your landlord or you would not be talking will be paid; when a business person avoids to me by telephone from your store. The paying bills it may not mean that (s)he has no time has come for you to re-think your money,but that(s)he does not have the capacity priorities, Mr/Ms Taxpayer, and begin to competently run the operation. distributing your available money more wisely. Sample Questions Sources Of Money To Borrow Against - Would prudence not dictate that(s)he prepare for the off seasons in the profitable season? - Visa,MasterCard,Gold Cards. - Does (s)he refuse to pay the landlord in the - Finance Company. off season? - Bank Line of Credit. - Does (s)he refuse to pay the employees, the - Bonds, R.R.S.P.'s. suppliers,and self? - Relatives. - Home Mortgage. Collector. "When exactly will you have the money?" Collector "Mr/Ms Taxpayer, today you owe the municipality$2,600.00,tomorrow we will Citizen: "Next month." proceed with the necessary collection ac- tion to clear this account. These actions Collector. "Okay, write a cheque for$2,600.00, date will add additional costs to your account. it for ,and mail it to me today.Will you do that?" "So, will you work with me on an accepatable re-payment settlement?" Citizen: "Yes." Now say: Collector. "Do I have your word on it?" "Mr/Ms Taxpayer,thank you;now,those ********** three cheques will be mailed today,right?" Collector. "Mr/Ms Taxpayer,I appreciate your situ- ation, and I have an idea that will bring you current without too much difficulty. Will you co-operate?" SEASONAL BUSINESS I HAVE NO MONEY (IF YOU PRESS ME I'LL GO OUT OF BUSINESS) THE ASSESSED TAXES ARE FOR MORE SPACE THAN I OCCUPY NO RENTAL INCOME - I CANNOT LEASE THE SPACE THEREFORE I CANNOT PAY THE TAXES WHAT DO I GET FOR MY TAXES THE MOMENT OF TRUTH - ALSO KNOWN AS - THE FINAL DEMAND ILI 11 I l4 )46 1111 16 14 'w w Example #1 "I Have No Money". Example #3 "No,And If You Press Me,I'll Go Out Of Business". Collector. "I'm so sorry to hear that, Mr/Ms Tax- payer." Note To The Collector. ADDITIONAL QUESTIONS As with - "SEASONAL BUSINESS" - this ex- - Are all of your accounts payable in a cuse may indicate inexperience in the ART of similar state to your tax bill? managing his/her concern. A company's most - How are you managing to keep up with dangerous pitfall is failure to monitor the fi- your operating costs? nancial situation. Inability to forecast capital - What is the status of your business, I requirements is the most common management mean, have you declared, or are you fault leading to a business failure. An alert about to declare bankruptcy? business person will see a credit crunch ap- - Have you asked your bank manager proaching, and (s)he will make the necessary for a short-term loan to help you in this adjustments in all phases of his/her operation, difficult period? for instance, staff, production, inventory, capi- - What steps are you taking, then, to lift tal/borrowing,accounts payable,etc... yourself out of your predicament? - Of the $7,200.00 you owe us, HOW On the other hand, when a business person MUCH ARE YOU SHORT? declares to have no money, it may not indicate incompetence at all, but an intention to simply Collector. "Alright, Mr/Ms Taxpayer; I will accept not pay - testing your resolve, and your tire- on your account PROVIDED that lessness. Think about it; (s)he has decided that it is accompanied by two post dated you are not important,that you will do nothing cheques for$ , dated ,and for about it anyway, and (s)he can therefore just $ and dated . Will the three skip paying the taxes. If you fail to create a cheques be ready for us to pick up this sense of urgency, and therefore, fail to receive afternoon at two o'clock?" his/her commitment to pay today,do not sit on ****,***** this account-ACT! Example #2 "If You Will Give Me More Time...". Collector "I hear you, Mr/Ms Taxpayer, however, Collector. "No, Mr/Ms Taxpayer, that is not an op- surely you are aware that under the law if tion. If I extend you "more time" I will be you declare bankruptcy you will lose ALL unfair to the both of us; I will be taking THAT YOU HAVE WORKED FOR IN you off our "Danger List", but I will be YOUR BUSINESS. allowing you to fall further into debt,and "Therefore, be aware that I shall have a that would be irresponsible of me. I will Bailiff at your door within the next very quickly have to go to third party in- hours. Understand,Mr/Ms Taxpayer that tervention for final disposition of your (s)he will not vacate your business until account, and you must realize, Mr/Ms (s)he has collected a cheque or cash to Taxpayer, that our action will only add to cover what you owe,or, has seized goods your costs. Mr/Ms Taxpayer, you cannot and chattels to cover the taxes and bailiff afford not to,pay your taxes today. So, costs. So let's settle the issue right now. will you prepare a cheque for$ , and Will you risk meeting with the Bailiff, or courier it to me immediately?" will you have a cheque ready for me to ,,,,,,,,,* pick up within the hour?" I HAVE NO MONEY (IF YOU PRESS ME I'LL GO OUT OF BUSINESS) THE ASSESSED TAXES ARE FOR MORE SPACE THAN I OCCUPY NO RENTAL INCOME- I CANNOT LEASE THE SPACE THEREFORE I CANNOT PAY THE TAXES WHAT DO I GET FOR MY TAXES THE MOMENT OF TRUTH-ALSO KNOWN AS -THE FINAL DEMAND r- � uu AAAAwAAA4 * wwwwwwa good relationship with us,your landlord, Note To The Collector your bank, and all of your suppliers. So, will you mail me a cheque in full,today?" Fact: Someone from the assessment office viewed the premises before assessment. Fact: The present assessment is right until As- sessment Review Board ruling. Citizen: "No, I will not pay, because I have ap- Fact: Citizen may have reduced his space and pealed to the Assessment Review Board;I failed to notify Assessment office. will not pay anything until the Board rules Fact: Citizen has a right to appeal to the As- on that appeal." sessment Review Board for re-assess- ment, or use Section 442 appeal if re- Collector. "If you don't mind me asking, Mr/Ms duced space during year. Taxpayer, at which stage of the appeals process have you arrived?" Assessment Appeals Procedure. Citizen: "What? I don't know, my lawyer is han- dling it." Step 1: The Assessment Review Board. Step 2: The Ontario Municipal Board. Collector. "I am certain that you believe that you have reached a logical and an acceptable 442 Appeal conclusion Mr/Ms Taxpayer. However, do not confuse your duty to pay your as- Step 1: Council or Assessment Review Board. sessed taxes with your right of appeal to Step 2: Assessment Review Board or Ontario Munici- the Assessment Review Board. We require pal Board. payment of your taxes within the time frame specified on your tax bill. Should IMPORTANT: When a citizen informs you that he the "Board" rule in your favour you may has appealed to the Assessment Re- ' be due a refund. Now,will you mail me a view Board, it is fair for you to ask, cheque in full,today?" "Oh, if you don't mind me asking, Mr/Ms Taxpayer, which step in the Citizen: "No." appeal process are you presently in- volved in?" Collector. "Alright, Mr/Ms Taxpayer, I accept your decision,however your decision leaves me few options. One of those options is for me to issue a "Warrant To Distrain", Collector. "I hear your concern Mr/Ms Taxpayer, which means that a Bailiff will enter your and I have made a note of your complaint. premises and extract from you cash,credit However, that is not the purpose of my cards receipts,or a cheque for the payment call. of your taxes, the full interest, and the "You were assessed taxes based upon the costs of our action against you. When there is not sufficient cash to cover your space you occupy at that address - ac- arrears,the Bailiff may seize goods to sat- cording to our assessor's verification. Now, I am certain that your business isfy our warrant. "image"is important to you,and that you "Tell me, will you reconsider your stand, place great value on your credit rating in and mail me a cheque in full,today?" the business community. When you pay your assessed taxes on time, you ensure a THE ASSESSED TAXES ARE FOR MORE SPACE THAN I OCCUPY NO RENTAL INCOME- I CANNOT LEASE THE SPACE THEREFORE I CANNOT PAY THE TAXES WHAT DO I GET FOR MY TAXES THE MOMENT OF TRUTH - ALSO KNOWN AS - THE FINAL DEMAND Example #1 Example #2 Collector. "That is most unfortunate for you,Mr/Ms Collector. "You say that my questions to you are Taxpayer. Do you mind if I ask...?" none of my business, and yet you ask me to accept at face value your reason(s) for Sample Questions To Ask. delaying payment of your taxes. That just isn't acceptable; I need to get from you a - If this is a commercial property,is a 442 specific commitment, on a specific pay- required? ment,by a specific date. Now, I am not at - How long has the space been empty? liberty to simply offer you more time to - How many units are in the building? pay your bill, Mr/Ms Taxpayer, because - If you were to send an inspector, how that is too indefinite. I do have a plan, many units would he find empty? though,which will help you to retain your - If it is a single building/space, what is peace of mind, your dignity, and your he doing to get tenants? reputation for being a civic-minded citizen. - What other business interests does he Will you work with me on the payment have,what other buildings? plan?" - Is the building owned outright by the debtor? - Would he mortgage it in order to save it and satisfy your demand? Example #3 -What is his solution to the problem? Collector. "Look,Mr/Ms Taxpayer,you told me that you had a problem,and I offered to you a I Note To The Collector. solution - a reasonable payment plan. Since you will not accept my solution, I The relationship between taxpayer and tax col- cannot give you any more time to settle lector is,historically,a tenuous affair. It is not a • your account. Anyway, by allowing you sign of weakness to foster, wherever possible, to continue your indebtedness I may be the feeling of goodwill between your office and doing you a disservice. So, tell me, will the citizen. You may compromise with the tax- you mail me a cheque in full,today?" payer by, in this case, giving him more time to pay providing your self-respect is not brought into question, and where your office's position Note To The Collector: is not compromised. Determine if rental attornment is a possibility. Is the debtor lying? Is the mortgage in default? Is this excuse a smoke screen for abhorrence to taxpaying? We teach that you must ask for immediate pay- ment in full of all taxes. If, during the call, you uncover a genuine case of hardship, you may switch to the secondary purpose of the call-set up a payment plan designed to bring the debt current,and keep it current. Upon hearing such an excuse as this,you will immediately encour- age feedback through probing before you ascer- tain hardship, never fearing a taxpayer's opin- ion, or his argument against your proposal. When a citizen stalls, instead of leaping to a defensive retort,you will probe. NO RENTAL INCOME- I CANNOT LEASE THE SPACE THEREFORE I CANNOT PAY THE TAXES WHAT DO I GET FOR MY TAXES THE MOMENT OF TRUTH - ALSO KNOWN AS -THE FINAL DEMAND rrw�Ili A ail AIwaau% AA `6gar1414 `14A) is s There is no definitive services list; municipal services - Regulates the traffic of cars and vary depending upon the type of municipality, its trucks, the taxi business, and population,and whether or not it is a member of a two parking tier government system. - Plans and operates port facili- ties,and runs airports Level 1 Small Rural Township - Administers welfare, day care centres,homes for the aged Fact: The board of education and the Hostel and emergency shelters county/regional/district for needy government may take about three- - Provides counselling and rent quarters of the collected taxes.The remaining one-third is spent for the supplement programs,and most part on providing and main- taining public housing the county roads. Fact: City Planning Other Services: Fire protection - Revitalization of the downtown, Ontario building code administra- and industrial promotions tion - Economic development activi- Issuance of building permits and ties regulating construction - Provides fulltime fire and po- Issuance of various licences lice departments Regulates land use - Runs municipal licensing Administers welfare - Provides water and sewer,land Provides parkland and recreational drainage,garbage collection and facilities disposal Garbage collection and disposal Fact: Cultural Level 2 Villages And Small Towns - Facilities for tennis,golf,swim- Fact: Local government provides ser- ming,squash,track and field vices similar to the above. - Provides libraries,museums,art galleries,and theatre Other Services: Maintenance of roads - expendi- tures not as heavy as above Counties Water supply Sewage disposal The county is mainly responsible for roads Fire department (probably volun- and homes for the aged. In the past when teer) a municipality had difficulty in meeting Provides a municipal police force its services demands,the county assumed the responsibility for providing those ser- Level 3 Large Cities - Not Part Of A Two Tier vices.Today,a county may be responsible System of Government for general welfare administration,build- ingFact: Services planning and inspection, and for all libraries. - Mair tains roads and sidewalks, and builds expressways - Operates buses, streetcars, and subways, and provides street lighting 4 WHAT DO I GET FOR MY TAXES THE MOMENT OF TRUTH - ALSO KNOWN AS -THE FINAL DEMAND Regional Governments Note To The Collector. In certain cases services responsibility is shared by the region, and by lower tier Have a list of the services provided handy or municipalities. In most cases, however, offer to mail a brochure. the region is responsible for: Traditional county services(see above) Collector. "We have (select the appropriate list of Social services services for the debtor) a school system Upkeep of major arterial roads and library to help you develop sound The water supply and some aspects of its minds in your children; a police and fire distribution department to protect your life and your Sewage treatment, and garbage disposal property; parks which are maintained for sites your family's use;streets which are swept Policing of the territory in the summer and plowed in the winter;a Health services SAFE community in which you and your Overall planning family may reside in comfort and safety. Responsible for long term borrowing on "Mr/Ms Taxpayer, you are part of a vi- behalf of all of the area municipalities brant community BY CHOICE, and you have both a legal and moral obligation to share in its financial responsibilities to the Collector. "Mr/Ms Taxpayer,we offer a wide range benefit of all citizens. of services. "Will you do the responsible thing and mail me a cheque for$2,100.00,today?" IN AW Mt AR Ail All, AR At AV .A'tiik AI' ill Al' �!' 111 IT IT IT IT 91I 'N `Al 'N 'N W 'Al 'X 'A 16 16 W IN A till A L! d A L6 !, Collector. "Let's go directly to the bottom line on within the hour. I assure you Mr/Ms Tax- this,Mr/Ms Taxpayer.We have some op- payer, the Bailiff will not accept your ex- tions before us: cuses as payment for your taxes, but will seize money or will seize goods. Business "Can you imagine the acute embarrass- - You may amicably settle this account ment that such an action would cause you? right now. - Use the Bailiff. "Now, I know that you really want to do - Use the Collection Agency. what's morally just and correct, Mr/Ms - Proceed to litigation. Taxpayer;so will you mail me a cheque in • full today?" Realty - You may amicably settle this account right now. Collector. "Mr/Ms Taxpayer,we've already had too - Use the Bailiff(if your collection policy many conversations about your tax arrears, permits for realty). and I fear that you have been less than - Search title and inform mortgage com- candid with me. We cannot go along with pany to try to collect. you any further, because the debt is just - Attorn rents if tenant occupied. too large and too old. - Tax sale. "We have in good faith extended your "We prefer the first option, Mr/Ms Tax- deadlines several times,and by not meet- payer, because, I assure you, we are con- ing those deadlines you have failed to live cerned about good public relations. up to your end of our bargain. "Tell me,will you mail me a cheque in full "Will you now demonstrate to us that you today?" are worthy of our trust by mailing me your cheque as promised?" Collector. "Mr/Ms Taxpayer, are you aware of the Note To The Collector. remedies available to me under the law in this matter? If the answer to any of these questions is "no", proceed with collection action. "I mean,I can have the Bailiff at your door THE MOMENT OF TRUTH - ALSO KNOWN AS -THE FINAL DEMAND The Corporation of the Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell ON N0J 1T0 BY-LAW 96-27 E 6 0 a 04 Being to amend by-Law 91-30 being a bylaw to implement Development Charges in the Village of Port Burwell. WHEREAS The Development Charges Act, Chapter D-9, s.3, R.S.O., 1990, as amended, provides 3.(1) The council of a municipality may pass by-laws for the imposition of development charges against land if the development of the land would increase the need for services and the development requires, (a) the passing of a zoning by-law or of an amendment thereto under section 34 of the Planning Act; (b) the approval of a minor variance under section 45 of the Planning Act; (c) A conveyance of land to which a by-law passed under subsection 50(7) of the Planning Act applies; (d) the approval of a plan of subdivision under section 51 of the Planning Act; (e) a consent under section 53 of the Planning Act; (f) the approval of a description under section 50 of the Condominium Act; or (g) the issuing of a permit under the Building Code Act in relation to a building or structure. AND WHEREAS the Council of the Village of Port Burwell passed bylaw 91-30 providing for development charges, and AND WHEREAS the Council of the Corporation of the Village of Port Burwell deems it necessary to amend section thereof of bylaw 91-30. Now therefore the council of the Corporation of the Village of Port Burwell hereby amends Section 6.0 as follows; 6.0 That this bylaw may be amended from time to time from the date of passing. 1 This by-law shall come into force and take effect immediately upon final passage thereof. Read a first and second time this 29th day of April, 1996. /Tz‘e d-t//*-- Reev Ad ' istrator/Clerlx-Treasurer Read a third and final time this 29th day of April, 1996. tAk I de Re- A m. istrator/Cleriz-Treasurer 2 CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW 98-81 BEING A BY-LAW TO AMEND VILLAGE OF PORT BURWELL BY-LAW NO. 91-30, AS AMENDED WITH REGARD TO DEVELOPMENT CHARGES. WHEREAS at its meeting held on November 146, 1991,the Council of the Corporation of the Village of Port Burwell enacted and passed By-law 91-30,pursuant to Bill 20,a By-law to implement development charges; AND WHEREAS By-law 91-30 was subsequently amended on January 1°, 1993 by By-law Number 92-31 and on April 29th, 1996 by By-law Number 96-27; AND WHEREAS By-law 91-30 established a development charge of$4056 per lot to take effect on January 1", 1993 in accordance with the development charges legislation of the day which was based on assumed population projections and planned growth related development; AND WHEREAS the Council of the Corporation of the Municipality of Bayham deems that the former Village of Port Burwell By-law 91-30,as amended should be further amended to a development charge of$3,000 per lot until such time as a by-law is adopted by Council in accordance with the Development Charges Act, 1997 and any accompanying Regulations; THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY " OF BAYHAM HEREBY ENACTS AS FOLLOWS: 1. THAT Paragraph 5 of the Village of Port Burwell By-law 91-30,be deleted in its entirety and the following substituted therefor. MA "The Development dome will be;3000. 2. THAT amending By-law 92-31 be and is hereby rescinded. 3. THAT this By-law shall take effect upon the date of its enactment and shall be in effect until further amended or rescinded. READ A FIRST AND SECOND TIME this 156 day of OCTOBER,1998. I A THIRD TIME AND FINALLY PASSED this 156 day of OCTOBER,1998. //. . YO' LERK i of PORr s�, ' , I , ► t F THE CORPORATION OF THE .` .! VILLAGE OF PORT BURWELL PO.Box 10,Port Burwell,Ontario NOJ I TO telephone (519) 874-4343 • fax (519) 874-4948 teak:110. PO.RTUS REFUG►UM Memo Date: April 29, 1996 To: Council From: D. Free Re: Development Charges Bylaw Council: The attached letter from MFOA has applicability to development charges for Port Burwell considering bylaws 91-30 and 92-31. Although I have concerns with respect to these bylaws, date issues should be resolved immediately. It is necessary to revisit this issue however, not until the Development Charges Act has been amended and/or replaced. Please review and consider the attached bylaw providing your direction in this matter. .vid R. Free Ends. David R.Free,CET,AMCT • Administrator/Clerk-Treasurer 04/24/% 99:23:44 EST; MUNICIPAL FINA?-> D. Free, Port Burre Page 082 hcoz (116)979-1060 117 P01 APR 21 '96 11:41 MFOA MUNICIPAL FINANCE OFFICERS'ASSOCIATION OF ONTARIO April 2.3. 1996 To the Treasurer: Attached please find a report on Amendments to the Development Charges Act prepared by one of our Associate members, Hemson Consulting Limited. please take the time to read the brief as it outlines action needed to be taken by municipalities on their current Development Charges by-laws. MFOA is working on recnmmenciations to the Development Charges Act. We will be supporting the Association of Municipalities of Ontario (AM()) u a technical capacity as they prepare their paper on development charges. Heather Bell Executive Director, MFOA •+u+ *wwuittxd/'Rums;aunt rt y 121 L•hn Strrct.T.mme,,Ontorio M5V 2L2 Ti-l•(4161979-1414•F.rr(416)979.1060 84/24/96 98:24:97 EST; tMUNICIPAL FINA?-> D. Free, Port Burwe Page 663 + MFOA (116)979-1060 117 P02 APP 24 '96 14:41 HEMSON Consulting Ltd. 30 St. Patrick Street, Suite 1000, Toronto, Ontario, Canada MST 3A3 facsimile (416) 595-7144 Telephone (41 t;) 593-5090 MEMORANDUM To; Development Charge Clicuts From; Fred Koenig Date: April 18, 19% Subject: Amendments to Devclupuirut Charges Act On November 22, 1995, I wrote to you to explain the implications of the Land Ilse, Planning and Protection Act(LUPPA) for municipal development charge policies LUPP.4 was introduced for first reading on November 16, 1995. It amended a number of Acts, including the Development Charges.4 ct, 1989 (DC4) In my prior correspondence,I indicated that when LUPPA received Royal Assent, municipalities would be empowered to amend their current development charge by-law to remove any reference to an expiration date for the by-law. I am writing to inform you that LUPPA received Royal Assent on April 3, 19%, and that the amendments to the DC4 are now in force. For municipalities which have development charge by laws which will aotpire during 1996,we are recommending that amendments be made to yaw by-law(s)to remove any reference to an expiration date. Tht3 will enable the current by-law(s)to remain in force until a new by-law(s) can be paned under a revised Development Charges Act which is expected to be introduced in thc Fall of 1996. Now that the amendments to the DCA arc in force, we would remind you of the changes LUPPA made to the notice provisions of the DCA. In particular, municipalities which have passed a by-law(s) after November 15, 1995, or will do so in the future, must provide notice of the passing of thc by-law(s)within 15 days from the time that LUPPA received Royal Assent. Such notice must indicate that written comments may be forwarded to the Minister of Municipal Affairs and Housing, who must thcby- law(s).approve by law(s). It must be stressed that municipalities which passed by-laws in the period from November 15, 1995 to April 3, 1996 have 15 days from April 3 to comply with notice provisions under LUPPA. 94/24/96 88:24:42 EST; IIUNICIFAL FIFA?-> D. Free, Port Burwe Page 984 • + mron (416)979-1060 117 P03 nPR 24 '96 14:41 2 I should also point out that LUPPA was amended to alter the day that a by-law comes into force. The first reading version of LUPPA stated that a by-law passed after November 15, 1995,comes into force when approved by the Minister. LUPP.9 now states that a by-law, once approved by the Minister, comes into force retroactively on the date that the by-law was passed or such other date as stated in the by-law, whichever is later. It should be pointed out that some type of special collection arrangement may be required for developers taking building permits between the time a by-law is passed and when it is approved by the Minister. This is because the municipality has no authority to collect the new charge until it is approved. However, once approved it will be retroactive to the date it was passed If building permits are taken out between the time a by-law is approved and the time it was passed,the development charge payable will probably not be the appropriate amount when the by-law is approved. You will soon iective a copy of LUIPA and a bulletin outlining its implications flow the Ministi y of Municipal Affairs and Housing. We will keep you informed of further changes to Development Charge legislation as they uccu. 0‘\/ HEMSON The Corporation of the Village of Port Burwell PO Box 10 21 Pitt Street Port Burwell ON N0J 1TO By-Law 96-28 COO,P3 0 b J Being a by-law to establish capital financing policies. 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; AND WHEREAS the Council of the Village of Port Burwell deems it necessary to establish policies to prescribe capital budgeting and financing policies and procedures. NOW THEREFORE the Council of the Corporation of the Village of Port Burwell establishes the capital budgeting and financing policies and procedures as set out in Schedule "A" of this by-law. Read a first a second ti this 28t day of May, 1996 Ree e Admi • rator/Clerk-Treasurer Read a thir d final time this th day of May, 1996 Z511( i Re /". Ami stratlerk-Treasurer • 1 Schedule 'A' By-Law 96-28 Village of Port Burwell CAPITAL BUDGETING & FINANCING POLICY 1.0 CAPITAL FINANCING POLICY 1.1.1. PURPOSE Council of the Municipality is aware of the need to properly plan for future capital programs. Proper planning will assure that the capital programs undertaken are the highest priority and are sufficiently financed. The purpose of the capital financing policy is to set out guidelines to be followed in planning and funding capital expenditures. It is essential that Council establish their long term-and short term capital priorities. Once these priorities are established, then program information can be prepared for presentation to and receive approval of Council. Council requires a proper framework for planning, approving and monitoring ongoing capital programs in relation to the overall goals and objectives of the Corporation. 1.1.2 DEFINITIONS The following definitions have been supplied for the purpose of this policy. Budget A detailed estimate of future transactions, either in terms of quantities or money values, or both, designed to provide a plan for and control over future operations. Capital Budgeting The separation of expenditures that produce long term benefits, especially those involving the construction of public facilities, from the annual operating costs of government. The process for reviewing expenditure decisions for capital projects and determining the methods of financing required. Capital Expenditure An expenditure which results in the acquisition of an asset of a fixed or permanent nature, or which improves an existing asset or extends the useful life of such an asset. 2 . Cost-Benefit Analysis A procedure that can be used to analyze the net benefits accruing from a particular action. In cost-benefit analysis, all costs are laid out from the point of acquisition into the future, as are all benefits. These costs and benefits are discounted back to the present using a predetermined rate of return. The costs are subtracted from the benefits, thus yielding a net present value. Debenture A written promise by the municipality to repay the stated principal sum at a fixed date and place, and to repay interest therein at a stated rate and at fixed times and places in the interim. All payments are to be made in the currency specified. Expenditure A disbursement, a liability incurred, or the transfer of property for the purpose of obtaining goods or services. • Fixed Asset Sometimes referred to as an asset of a fixed or permanent nature, or as an asset of a capital nature. This is a durable, tangible, physical asset, including additions, replacements and major alterations thereto, from which a stream of benefits is derived over a period of years. Fund A self-balancing accounting entity which reflects money received for specific purpose(s), the earnings there from, expenditures for the purpose(s) designated, and the assets, liabilities and equity of the fund. Fund accounting is a technique which is used to show that money has been used for the purpose for which it was obtained. The two main funds are the revenue (or general) fund and the capital fund, and others include trust funds and reserve funds. Grants (or subsidies) Payments made to a municipality from other levels of government to assist in the financing of local government operations. They may be specifically earmarked for defined expenditure purposes or they may be used by the municipality to defray the cost of any current operating expenditure. The specific or restricted subsidies are termed conditional grants whereas the general or multi-use subsidies are called unconditional grants. Reserves A reserve is an allocation of accumulated net revenue; it has no reference to any specific asset. Reserves are authorized under the provisions set out in Section 162(2) of the Municipal Act and in the separate Acts establishing the Regional Municipalities. A reserve may be established for a predetermined purpose and may be used for the purpose at the discretion of the municipal Council. 3 A reserve is created by including in the current estimates the amount that is to be designated as a reserve during the fiscal year. This is normally set out under the heading "Provisions for Reserves" or it may name the reserve itself such as "Provision for a Reserve for Working Funds". The authority for the creation of the reserve will then be contained in the levying by-law of the municipality, or; by transferring surplus funds that have been identified prior to the end of the fiscal year to a reserve account. In this instance a separate resolution of Council would be required to segregate a specified amount from the available operating revenues. Reserve Funds A reserve fund is created by the Council of a municipality when it passes a by-law setting aside revenues for some specified future use. There are two types of reserve funds: obligatory reserve funds and discretionary reserve funds. Obligatory reserve funds must be created whenever a statute requires revenue received for special purposes to be segregated from the general revenues of the municipality. Examples of obligatory reserve funds are: (i) contributions received in consideration of expenses incurred or to be incurred as the result of a proposed subdivision as set out under the Municipal Act; (ii) revenue in lieu of park purposes under the Planning Act; revenues received from the sale or leasing of road allowances as set out under the Municipal Act: (iii) net parking revenues. Obligatory reserve funds are to be used solely for the purpose prescribed for them by statute. In most cases, however, the legislation covering the reserve fund contains a provision that allows municipalities to apply to the appropriate Minister to vary the use of the reserve fund assets. The authority for creating discretionary reserve funds is found under Section 165 of the Municipal Act. Discretionary reserve funds maybe used for a number of different purposes. Some examples of these are: (i) future expenditures for land acquisition; (ii) new buildings and other capital projects; (iii) vehicle self insurance; (iv) industrial promotion. 4 • Discretionary reserve funds are established whenever a municipal Council wished to earmark revenues to finance any specific future project for which it has the authority to spend money, and physically set aside a certain portion of any year's revenues so that the funds are available as required. There are two major advantages to discretionary reserve funds: 1. They help to stabilize the general municipal tax levy. In a year when a large amount of revenue is required to finance capital projects, a previously established discretionary reserve fund can enable the municipality to spend money without affecting the general municipal levy or the need to issue debentures. 2. The assets of the reserve fund can be invested to earn income, thus helping to reduce the amount of money to be set aside. It is highly desirable that the use of discretionary reserve funds be kept as flexible as possible. The Ministry of Municipal Affairs and Housing has prepared a booklet providing detailed information on reserves and reserve funds. This booklet is attached as Appendix A-for further information and clarification. 1.1.3. PLANNING Council of the Municipality understands that to properly plan all capital programs, the planning function requires the establishment of overall goals and objectives, the determination of program priorities, the blending of programs to achieve financial objectives and a regular review to ensure that program objectives are met. The planning prospective should consider long range (10 to 15 years), intermediate range (5 to 10 years) and short term (1 to 5 years) goals. The capital planning process should provide a clear statement of corporate capital goals and objectives and outline a plan to achieve them. In order to achieve this, Council will have at least 2 capital planning meetings per year. The first meeting will deal with overall capital program goals and objectives and will be held in the first part of each fiscal year. The second meeting will deal with annual capital budgets and 4 year forecasts and will be held in the latter part of the fiscal year. 1.1.3.1 Capital Program Goals and Objectives Meeting At this meeting, Council will review its established capital program goals and objectives and revise them if necessary: In order to do so, it will be necessary to examine each functional area(General Government, Fire Department, By- law Enforcement Department, Transportation Services, etc.) to determine how well Council's previously established goals are being achieved. This activity will also provide Council with an opportunity to reexamine its priorities and make appropriate changes. 5 • The prospective of this meeting is long term and must look beyond the 5 year capital forecasts. The direction given in this meeting will assist staff in preparing a capital budget and forecast to be revised later in the year. 1.1.3.2 Capital Budget and 4 Year Forecast Meeting At this meeting, Council will lay out its short term capital program entailing a 5 year period. This includes the next fiscal year and the 4 years following. At this stage, all the financing should be in place for the capital budget and all forecast items must be clearly present showing anticipated costs and sources of financing. Council may, at any time, require specific cost benefit analyses for any item included in the forecast or budget. In addition, at this meeting, Council will also examine the capital budget in relation to expenditure guidelines, Ontario Municipal Board (OMB) guidelines, and various financial guidelines established by Council. Any department desirous of capital items are required to complete a Capital Project Information Return (Appendix B). This return must be submitted to the municipal office prior to December 31 of the preceding year so that it may be incorporated into the proposed capital budget by staff and presented to Council. This continual planning and review process should provide Council with ample opportunity to assure itself that the overall capital program is proceeding in the desired direction and staying within the various restraints established by it. 1.1.4 FINANCING The following information outlines the basic financing tools to be used in funding capital programs and outlines procedures to be followed in establishing, maintaining and using these tools. 1. Reserves a) Equipment Replacement Reserve An equipment replacement reserve shall be established for all capital equipment purchases. The minimum annual contribution to the equipment reserves shall not be any less than the amount determined by the following calculation: 6 Purchase Price - Disposal Value = Annual Expected life of asset Contribution Additional amounts may be contributed by resolution to the equipment reserve to account for inflation or major cost increases. Equipment reserves are to be used to replace specific equipment but may be used for other purposes if it is determined that the specific piece of equipment will not be replaced in the future. All transfers from Reserves must be approved by resolution. b) Discretionary Capital Reserve These reserves may be created at the discretion of Council in anticipation of a future capital requirement. If Council wishes to purchase a new asset (equipment, building, land, etc.) it may choose to fund the purchase by establishing a discretionary capital reserve. These reserves may also be general purpose reserves to be used to purchase various types of assets without specifying, although this type of unplanned funding should be discouraged. All discretionary reserves shall be established by specific resolution and all withdrawals must also be approved by resolution. 2. Reserve Funds a) Obligatory Reserve Funds These reserve funds must be created by Council by by-law for specific purposes, required under Provincial statute. Examples are the parkland reserve fund which has been established according to The Planning Act and the various lot levy reserve funds (Public Works, Municipal Development, parks and reserves) established under By-law #95-12. These funds have been set aside to be used for specific purposes. b) Discretionary Reserve Funds These funds may be established by by-law to be used for designated purposes, however, Council may change its mind at any time and spend the funds on other projects. Various discretionary reserve funds have been established under By-Law 94-11. The advantage of discretionary reserve funds is that fund monies are invested and the income derived is credited to each reserve fund. Furthermore, it helps to stabilize the annual tax levy and provide Council with financial flexibility. 7 The use of any reserve fund for its established purpose shall he approved by resolution. The use of any reserve fund for purposes other than those for which it was established must be approved by by-law. 3. Capital Funds There are a number of ways in which capital funds can be used for financing future capital programs. a) Proceeds from Asset Sale All proceeds from the sale of assets will be credited to the capital fund as unapplied capital receipts. These monies are to be used firstly to purchase similar replacement assets, or in the event that the sold asset is not to be replaced, for whatever capital purchase Council, by resolution, shall direct. b) Proceeds from Insurance Recoveries All proceeds from insurance recoveries are to be credited to the capital funds as unapplied capital receipts. These monies are to be used to purchase similar replacement assets or in the event the asset is not to be replaced, for whatever capital purchase Council, by resolution, so directs (note that this refers to net recoveries after costs of removal, demolition, etc.). c) Surplus of Financing over Expenditures In some instances, when a capital project is concluded, all expenses have been paid but additional monies remain in the fund. This occurs because financing has exceeded expenditures. In these cases, the surplus shall he used in the following way: i) To pay down any annual debt cost for the project equally over the remaining repayment period. ii) Where no debt is involved, to provide additional capital improvement to the project in future years (i.e., major equipment, major building repair, etc.) iii) Council may direct, by resolution, that the surplus may be used for any other capital purpose it so desires. 8 4. Grants and Subsidies Council of the Municipality is aware that grants and subsidies are a very important factor in carrying out capital programs. Council requires that all potential sources of grants and subsidies be determined and all necessary applications be complete before final approval will be given to any capital project. In instances where fund raising and donations are required, Council may direct that a certain proportion of fund raising monies be in place before Council commits itself to the program. 5. Revenue Fund Council is aware that each year the revenue fund makes a sizeable contribution to the overall capital program. Council requires that efforts be made each year to keep the changes in revenue fund requirements within the overall expenditure guidelines established by Council for any fiscal year. In order to do so, it will be necessary for the Treasurer to Report annually to Council on previous year's requirements and anticipated requirements for the upcoming budget year. 6. Borrowing Council is aware of the tax guidelines laid down by the Ontario Municipal Board and will endeavour to keep the municipality well within these guidelines. Council requires that the Treasurer prepare an annual report indicating the current OMB debt guidelines relative to current and projected debt levels for the Municipality. Council may also, from time to time by resolution, establish its own debt guidelines within those established by the OMB. Council will seek to minimize debt requirements and attempt to make use of all other forms of financing subject to any other financing policies adopted by the municipality. 9 TOWN OF AYLMER ID :519-765-1446 JUN 10 '98 15 :25 No .004 P .01 • F ACSIMILE TOWN OF AYLMER 46 TALBOT STREET, WEST AYLMER, ONTARIO N5H 1J7 PHONE: (519) 773-3164 FAX: (519) 765-1446 DATE: - CAn.- I oIgi FAX lit loco- 3Wf TO: 6t.,0,.�i�--1L e ATTENTION: L kirvr, ISLA.c.k �,e r FROM: be kis‹- C t..i k (cr u -.4-0l6 # OF PAGES: 9 (INCLUDING COVER PAGE) COMMENTS: IF YOU HAVE ANY PROBLEMS READING OR RECEIVING THIS FAX, PLEASE CALL AND ASK FOR DENISE OR KELLY. ORIGINAL MAILED: URGENT: ORIGINAL NOT MAILED: OWN OF AYLMER ID :519-765-1446 JUN 10 '98 15 :25 No .004 P .02 TOWN OF AYLMER PERSONNEL POLICY MANUAL SECTION: 10 SUBJECT: PURCHASING POLICY POLICY NUMBER: 12 DATE APPROVED: April 22 , 1996 . 12 . 1 The Annual Current Budget will be used as the approved guideline for all purchases made. ALL PURCHASE ORDERS WILL BE OBTAINED FROM THE TREASURER , PRIOR TO AN ORDER BEING PLACED . • IN THE EVENT OF HER ABSENCE, A PURCHASE ORDER MAY BE OBTAINED FROM THE DEPUTY-TREASURER. SPECIFICATIONS - The onus is on the purchaser to ensure that they have fully examined their needs and the intent of the purchase and that these needs are reflected in the specifications of the product/service . The total cost of the purchase will include the costs fort taxes ( PST, & 3% of GST ) , advertising, surveys, legal fees , planning fees , transportation, installation , demolition, or any other costs required in association with the expenditure . 1 ) Purchase Range ($0. 00 to S250. 00) : The Department Head/ Supervisor has authorization to obtain supplies/services as required. ii ) Purchase Range (S250.00 to $500.00) : The Department Head/ Supervisor will obtain three verbal quotes based on established minimum specifications . The Department Head/ Supervisor will document the quotes received and specifications used; and, will choose the quote which in his judgement is beneficial for the Corporation, and obtain a purchase order. iii ) Purchase Range ($500.00 to $1 ,000.00) : A written request for quotation, including specifications, will be prepared by the Department Head/Supervisor and sent to potential suppliers . A minimum of three quotes is required unless justified. The Department Head/Supervisor will determine the best quote, and obtain a purchase order. The quotes received will be attached to the invoice before payment is authorized. Consultation with Department Chairperson must occur prior to the acceptance of a bid other than the lowest dollar amount. TOWN OF RYLMER ID :519-765-1446 JUN 10 '98 15 :26 No .004 P .03 12 . 1 (Cont) - 2 - iv) Purchase Range ($1,000.00 to $10,000.00) ; Specifications for purchases in this range must first be approved by the Department Chair. A written request for quotation, including specifications, will be prepared and sent to potential suppliers. A minimum of three quotes is required unless justified. Once the quotes are received , the Department Head/Supervisor will prepare a recommendation and submit it to the Administrator and Department Chair for approval. A purchase order will be obtained once approved. v ) Formal Tenders (over $10.000.00) : The Department Head/Supervisor is responsible for writing a detailed tender document for goods and services required. The tender document must be approved by the appropriate committee prior to advertisement. Once approved, the tender package is then released to the public, and an advertisement notifying potential suppliers of the tender call will be placed in the appropriate newspapers ( as established by the Departmental Committee ) . All sealed bids received by the due date , will be opened before the public in the Council Chambers at a time selected by the Departmental Committee involved. The Committee Chair, Treasurer, Administrator, and Clerk, must be present at the tender opening. Any bid received after the due date will be returned unopened. If the return address is not known, the unopened bid will be kept on file . The Committee will make its recommendation to Council at the next Regular Council Meeting. When approved, a contract will be finalized, a purchase order obtained, and the results of the tender will become public information . vi ) The Department Head/Supervisor may, with prior approval of Town Council , under the following conditions, purchase by negotiation with one or more sources or bidders . In such case the requirements for inviting tenders and quotations may be waived, 1 ) Where there is only one source of supply for the goods or services. 2 ) Where two or more identical bids have been received, the identical bids will be returned to the businesses with a request to resubmit. 3) When all bids received fail to meet the tender terms and conditions or the specifications , and it is impractical to recall tenders or quotations . 4 ) Where it is in the best interest of the Town to IAN OF AYLMER ID :519-765-1446 JUN 10 '98 15 :26 No .004 P .04 - 3 12 . 1 ( Cont ) vii ) Equipment Repairs / Maintenance: Department Heads/ Supervisors will authorize normal equipment repairs/ maintenance accounted for in the current budget. Unbudgeted repairs must be approved by Council . When such repairs are of an emergency nature, authorization shall be sought from the Department Chair, Finance Chair and the Administrator. 12 . 2 Where an emergency occurs which constitutes an imminent danger to life or property that requires the immediate procurement of goods and services, the Department Head/Supervisor may purchase such goods or services necessary to secure the situation . The Administrator must be notified of the situation as soon as possible . In the event that the Administrator • cannot be reached, the Clerk and/or Treasurer should then be contacted. When such a situation occurs, a full report is to be submitted to Town Council by the Department Head/ Supervisor. 12 . 3 Where the Town of Aylmer participates in a tender call with the Elgin-St. Thomas Cooperative Purchasing Association, of which the Town of Aylmer is an active member, all purchases outlined in the tender will be purchased from the supplier awarded the tender by the Association. 12 . 4 No purchases shall be made from any member of Council , appointed officer, employee of the Corporation or their immediate family or from any other source that would result in a conflict of interest . 12 . 5 No member of Council , appointed officer, employee of the Corporation or their immediate family shall allow themselves to reach a position whereby they might be or might he deemed to be or to have been influenced directly or indirectly in making any business decisions as a consequence of accepting hospitality, gifts , gratuities or compensation from any person or company that has a contract with the Town, or is bidding on a contract for the Town in the future . 12 . 6 All suppliers are to be instructed that invoices for the supply of goods and services from their company, must be forwarded within 30 days of receipt of goods and services to the Town of Aylmer, 46 Talbot Street West, Aylmer, Ontario, N5H 137 , not to the department . which orders the goods or services, and that the invoice must show, ( i ) The Purchase Order Number ( ii ) The department that received the goods or services . ( iii ) Description of the Goods/Services supplied. TOWN OF AYLMER ID :519-765-1446 JUN 10 '98 15 :27 No .004 P .05 - 4 - Invoices will be sent to the appropriate department for the Department Head/Supervisor ' s approval for payment . The top copy of the invoice is to be used by the Department Head/Supervisor for approval purposes . 12 . 7 Where the actual cost is higher than the budgeted cost for a service or product to be purchased, the Department Head/Supervisor must receive Council ' s approval BEFORE the expenditure is made . c: \old\purchpol . BY-LAN NO. 35-95 OF THE CORPORATION OF THE TOWIl OF AYLMER Being a By-Law to provide for procedures for the disposal of real property owned by the Corporation of the Town of Aylmer. WHEREAS, Section 193 of the Municipal Act, R.S.O. 1990, Chapter M.45, as amended, 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 Corporation of the Town of Aylmer deems it advisable to provide for such procedures. NOW THEREFORE, THE COUNCIL OF THE CORPORATION OF THE TOWN OF AYLMER HEREBY ENACTS AS FOLLOWS: Definitions 1 . In this By-Law: "appraisal" shall mean an estimate of fair market value and may include, but not limited to, a real estate appraiser's letter of opinion of value. Public Register 2 . A public register shall be available for inspection during regular office hours, listing and describing the real property, owned and leased by the town, save and except for those classes of real property which may be exempt from listing in the public register by The Municipal Act, or the regulations made pursuant thereto, as the same may be amended from time to time. Appraisals 3 . Pursuant to the provisions of Ontario Regulation 814/94, the following classes of real property may be sold without obtaining an appraisal under Subsection 193(4) of The Municipal Act: (a) Land 0.3 metres or less in width acquired in connection with an approval or decision under the Planning Act. (b) Highways, roads and road allowances. (c) Land formerly used for railway branch lines if sold to an owner of land abutting the former railway land. (d) Land that does not have direct access to a highway if sold to the owner of land abutting that land. (e) Land repurchased by an owner in accordance with Section 42 of the Expropriations Act. (f) Land to be used for sites for the establishment and carrying on of industries and of industrial operations and incidental uses. (g) Land sold under Sections 112, 112.1, 112.2 and 113 of the Municipal Act. JUN 1U yes 1 :28 No .004 P.07 (h) Easements granted to public utilities or to telephone companies. (i) Land sold under the Municipal Tax Sales Act. 4. Pursuant to the provisions of Ontario Regulation 815/94, real property of the Town of Aylmer may be sold to the following classes of public bodies without obtaining an appraisal: (a) Any municipality, including a metropolitan, regional or district municipality and the County of Oxford. (b) A local board as defined in the Municipal Affairs Act. (c) An authority under the Conservation Authorities Act. (d) The Crown in Right of Ontario or of Canada and their agencies. Surplus Lends 5. Before selling any real property not exempted under Regulation 815/94, Council shall: (a) By by-law or resolution passed at a meeting open to the public, declare the property to be surplus. (b) Obtain at least one appraisal of the fair market value of the real property. (c) Give notice to the public of the proposed sale in a newspaper that is, in the Clerk's opinion, of sufficient general circulation in the area to give the public reasonable notice of the proposed sale. 6. Pursuant to Section 193(5) of The Municipal Act, as amended, the manner in which Council carries out the sale of its property, if consistent with the procedures of this by-law and Section 193 of The Municipal Act, is not open to question or review by any court as long as the Council may lawfully sell the property, the purchaser may lawfully buy it and the Council acted in good faith. Certificate of Co8►pllance 7 . Upon the sale of any real property of the Corporation, the Town Clerk shall include in the deed or transfer for any such sale a "Certificate of Compliance" in the form set out in Schedule "A" to this By-Law. PROPERTY TO BE SOLD BY TENDEjt 8. When more than one party has expressed an interest in purchasing real property or where the Council believes it to be in the best interests of the community, the Council may, by resolution, direct that the real property be sold by tender. TS 9. That where the real property is not to be disposed of by tender, the purchaser shall pay, in advance, the appraisal costs and the cost of giving notice to the public. TOWN OF AYLMER ID:519-765-1446 JUN 10'98 15:28 No .004 P.08 - 3 - 10. Council may charge the purchaser for costs, in whole or in part, incurred or required, to dispose of the real property including legal, survey, appraisal, encumbrances, advertising, improvements, administrative fees and so on. 11. This By-Law shall become effective on the third and final reading. READ A First and Second time this 12th day of June, 1995. MAYOR CLERK READ A Third time and finally passed this 10th day of July, 1995. MAYOR • LERK TOWN OF AYLMER ID:519-765-1446 JUN 10'98 15:29 No .004 P.09 SCHEDULE "A" to Dy-Law No, 35-93 CERR'IPI ATE OF COMPLIANCE under Section 193, of the Municipal Act, R.B,Q. 1990, c.M.45, as amended by the Planning and Municipal Statute kaw Amendment Act, 1994 Certificate of Compliance with Section 193 of the Municipal 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-Law No. 35-95 on July 10, 1995. It is a procedural by-law for the purposes of the sale or other disposition of real property and was in force on the date of the sale or disposition of the property described above. Delete if not 2. The property was declared surplus by Applicable Resolution No. - date Delete if not 3. An appraisal of the fair market value of the Applicable property was obtained on date Delete if not 4. The property sale or disposition is exempt Applicable from the requirement to obtain an appraisal of its fair market value under the following exemption: Delete if not 5. Public notice of intent to sell or dispose of Applicable the property was given by the following method(e) : (described method(s) on the following date(s) TOWN CLERK DATE Appendix A I By-Law 96-28 • RESERVES, RESERVE FUNDS, ALLOWANCES, AND da OTHER SPECIAL FUNDS xi RESERVES, RESERVE FUNDS, ALLOWANCES, AND • OTHER SPECIAL FUNDS i • RESERVES, RESERVE FUNDS, ALLOWANCES TRUST FUNDS AND OTHER SPECIAL FUNDS INTRODUCTION This publication reflects the reporting requirements for reserves and reserve funds under the Municipal Financial Reporting Handbook, and incorporates the revised legislative references of the Revised Statutes of Ontario, 1990, together with any subsequent amendments up to September 30, 1995. The types of reserves most commonly established by municipalities, the purpose of a reserve and the accounting and reporting treatment of reserves are examined. Comments will also be made as to how reserves affect good financial management and when applicable, some alternatives to reserves are suggested. . Reserve funds, both discretionary and obligatory, are discussed along with the method of establishment and the purpose of each type of fund and its accounting and reporting treatment. Comments on how discretionary reserve funds affect good financial and cash management are also included along with some suggested alternatives to certain discretionary reserve funds. Allowances, trust funds and other special funds are also covered in the latter sections of this publication. RESERVES Description A reserve is an appropriation from net revenue at the discretion of council, after the provision for all known expenditures. It has no reference to any specific asset and does not require the physical segregation of money or assets as in the case of a reserve fund. A reserve cannot have a revenue or expense of itself, like a reserve fund. • 1 However, a recent amendment to Subsection 163(3) of the Municipal Act, 111 allows a municipality by by-law to invest monies set aside in a reserve and the interest earned by this investment forms part of the reserve. Reserves are authorized under the provisions set out in Subsection 162 (2) of the Municipal Act and through similar sections contained in the special Acts establishing the Regional Municipalities, Metropolitan Toronto, the County of Oxford Act and the District of Muskoka. A reserve may be established for a predetermined purpose and applied for that purpose at the discretion of council. Creating a Reserve A reserve is created by: * including in the current estimates the amount that is to be designated as reserves during the fiscal year. This is normally set out under the heading "Provision for Reserves" or it may name the reserve itself such as 'provision for a reserve for working funds.' The authority for the creation of a reserve will be contained in the estimates by-law of the municipality; or 10 * transferring unexpended funds that have been identified prior to the end of the fiscal year to a reserve account. In this instance an amending by-law would be required prior to the end of the fiscal year, to segregate a specified amount from the available operating revenues. Purpose While reserves may be established for any municipal purpose, the most common are: 1. Reserve for working funds. In most municipalities accounts have to be paid before taxes, grants and other revenues become available, including revenues still to be collected for the previous year. A municipality can obtain a short-term loan to meet this need, but borrowing incurs interest charges. In order to reduce, and, if possible avoid short-term borrowing, a working fund reserve is one financial management technique that can be helpful. It is also a cash management device to enhance cash flow. 0 2 I\ 2. Reserve for contingencies SSuch a reserve is established in anticipation of unknown expenditures or liabilities such as damage claims, municipalities. If a reserve for contingencies is not created it could have a significant effect on the future tax levy of the municipality should the liability actually materialize. 3. Reserve for equipment replacement Major items of equipment such as graders and snow-plows often have to be replaced on a regular basis. In a small municipality such a reserve eliminates the need to levy for the full cost of the equipment in the year of acquisition. This avoids the resulting fluctuation in the tax levy from year to year or the issuance of long-term debt. Periodic Review of Reserves It is suggested that the treasurer and council should periodically review the municipality's policy governing reserves. While the use of reserves is one way of maintaining a municipality's sound financial position, there are other methods of ensuring this than through the use of reserves. As 110 examples consider the following: * A reserve for working funds is established primarily to meet the cash requirements of the municipality prior to the collection of current revenue. Through the introduction of realistic instalment dates and an interim tax levy early in the year, the resulting cash flow improvement may minimize the need for this reserve. This elimination or reduction would then become a source of revenue in the year in which the reduction takes place. * Reserves for contingencies are provided for unusual or extraordinary expenditures such as damage claims. This reserve should be reviewed in conjunction with the municipality's insurance coverage concerning the possible settlements of these claims. A reserve for contingencies should only be maintained on the basis of sound, prudent, conservative fiscal management and not as a vague eventuality. * Reserves for equipment replacement have been established by a number of municipalities. This type of reserve provides a smooth transition for replacement of costly vehicles and equipment. 3 • It must be emphasized that a municipality should not reduce a reserve S without sufficient financial evidence to support it. Reserves should be supported by evidence indicating the extent of the reserves required. If there is any doubt as to whether or not reserves are too high, or are no longer required, the treasurer should contact his auditor or the local office of the Regional Operations Branch of this Ministry. A well-thought- out policy in the establishment and maintenance of reserves is still one of the keys to a sound financial structure. RESERVE FUNDS A reserve fund that is funded from the revenue fund is normally established in the estimates by-law with a complementary by-law (for practical purposes) outlining its operational elements. A reserve fund differs from a reserve in that reserve fund assets are segregated and restricted to meet the purpose of the reserve fund. There two types of reserve funds: obligatory reserve funds and " discretionary reserve funds. Creating a Reserve Fund S Obligatory reserve funds must be created whenever a statute requires revenue received for special purposes to be segregated from the general revenues of the municipality. Examples of obligatory reserve funds are: * currency exchange premiums received on debentures expressed in a foreign currency as set out under Subsection 146 (3) of the Municipal Act; * contributions received in consideration of expenses incurred or to be incurred as the result of a proposed subdivision as set out under Subsection 164 (2) of the Municipal Act; * "surplus' parking revenues under Clause 207 (56) (d) of the Municipal Act; * moneys received from special charges to provide additional sewer or water supply as set out under Subsection 218 (3) of the Municipal Act; * moneys received in lieu of land for park purposes as set out under IISubsection 42 (14) and (15) of the Planning Act; 4 * moneys received in lieu of land for park purposes under a subdivision agreement as set out under Subsection 51.1 (5) of the Planning Act; * moneys received as development charges as set out under Subsection 16 (1) of the Development Charges Act; * moneys received as front end charges as set out under Subsections 27(1) and 28(1) of the Development Charges Act. Discretionary reserve funds are created under Section 163 of the Municipal Act and under similar sections in the Regional Municipalities Act, the Municipality of Metropolitan Toronto Act, the County of Oxford Act and the District of Muskoka Act. Discretionary reserve funds are established whenever a municipal council wishes to earmark revenues to finance a future expenditure for which it has the authority to spend money, and physically set aside a certain portion of any year's revenues so that the funds are available as required. In accordance with Section 163 of the Municipal Act, it is suggested that municipalities create new reserve funds or additional allocations to a reserve fund through the estimates process, defining the purpose for which the reserve fund is being created. Local Boards The extent to which a local board is subject to council authorization is determined by the statute under which it was established. Local boards may not maintain their own reserve funds or operate their own bank accounts unless provincial legislation gives them the authority to do so. Where the particular enabling legislation does not exist and it is agreed that a reserve fund should be maintained for the benefit of a local board, council should maintain the reserve fund on behalf of the local board. In such cases the municipality would control the reserve fund. Where there is a joint board involving two or more municipalities, with their members appointed by the councils and their costs shared by the supporting municipalities, the municipality designated by agreement, legislation or regulation as being the municipality responsible for keeping the accounting records and bank account should also be responsible for maintaining and reporting the reserve fund on behalf of the joint board. Local Services Boards are created in unorganized areas to provide limited services to the inhabitants such as fire services and roads. A Local Services Board is neither a municipality nor a local board of a municipality for the purposes of any Act. 5 Purpose Obligatory reserve funds are to be used solely for the purpose prescribed for them by Statute. Discretionary reserve funds may be used for a number of different purposes. Some examples of these are: * future expenditures for land acquisition; * new buildings and other capital projects; * vehicle self insurance; * industrial promotion; and, * future sick leave commitments. There are two major advantages to discretionary reserve funds: 1. Similar to a reserve, they help to stabilize the general municipal tax levy. In a year when a large amount of revenue is required to finance ' capital projects, a previously established discretionary reserve fund can enable a municipality to spend money without affecting the general municipal levy or the need to issue debentures. 2. The assets of the reserve fund can be invested to earn income, thus helping to reduce the amount of money to be set aside. It is highly desirable that the use of discretionary reserve funds should be kept as flexible as possible. Flexibility is partially achieved by keeping the words of the by-law general rather than particular; for example, a definition of the intended use could be 'recreational purposes' rather than "swimming pool'. Flexibility is also provided under Subsection 163 (4) of the Municipal Act which reads as follows: "The council may by by-law provide that the moneys raised for a reserve fund established under subsection (1) may be expended, pledged or applied to a purpose other than that for which the fund was established.' 6 Management of Reserve Funds iA number of statutory restrictions apply to the management of the assets of any Reserve Fund. Subsection 163 (2) of the Municipal Act requires that the money raised for a reserve fund shall be placed in a special account. However Subsection 163 (3) allows for the establishment of a consolidated account, but requires that the account shall be able to determine the balance applicable to each individual reserve fund. Reserve fund monies can only be invested in such securities as a trustee may invest in under the Trustees Act. All earnings derived from such investments are to form part of the reserve fund. Recent amendments to Section 167 of the Municipal Act allow a municipality to combine money held in the general fund, the capital fund and reserve funds for investment purposes. Such investments are limited to those provided in Subsection 167 (2) which are more restrictive than under the Trustees Act. Section 167 (5) requires that the earnings from the combined investment shall be credited to the separate funds in proportion to the amount invested from those funds. • Reserve funds should not be considered as an automatic source of working funds. If a municipality continually needs temporary financing, it should review its cash management program and institute appropriate action. Nevertheless, if there is an occasional need for temporary financing and if the reserve fund assets are available for short-term investment, lending them to the municipality could be a proper procedure. The following conditions under the Trustee Act should be met before reserve fund assets are loaned to the municipality: * There must be evidence of indebtedness. One way to assure compliance with this condition is for the municipality to issue a promissory note payable to the reserve fund, but other forms of indebtedness are acceptable (such as, specialized loan agreements and municipal debentures). * In the case of loans made from the reserve fund that will extend beyond the term of council and would cause the municipality to exceed its debt repayment level, approval of the Ontario Municipal Board would • r it be required as set out under Subsection 147 (4) (c) of the Municipal Act. 7 * the investment must be reasonable and proper. If the municipality is to invest reserve fund moneys in its own securities there should be evidence that: * the municipality will be able to repay the reserve fund before the money is required; * the interest rate paid to the reserve fund should be reasonable and proper; and, * the amount invested in the municipality is reasonable and proper, for example, it should not exceed when combined with any financing from outside sources, the authorized temporary borrowing limits. The processes involved in borrowing from a reserve fund may seem unduly restrictive; however, when council created the reserve fund it took legal steps to restrict the use of those assets. Therefore, if the municipality wants to borrow reserve fund assets it should meet the statutory requirements under which the reserve fund was created. Review of Reserve Fund Policies As stated earlier in this bulletin, discretionary reserve funds may be established for any purpose for which council has the authority to spend, and if handled in a responsible manner are useful tools for good financial management. There are, however, circumstances where a reserve fund is not the most appropriate financial management technique that can be employed. The conditions under which it would be appropriate for a council to establish discretionary reserve funds are: * the council wishes to raise an amount from current revenue to finance future expenditures; and, * this current revenue is to be set aside from the general operations of the municipality to ensure that it will not be used for any other purpose and be available when it is needed. Where the two conditions referred to above do not appear to apply there are other techniques available. Two of these are: ' * establishinga reserve under Subsection 162 of the Municipal Act and financing it by a provision from current revenues; or, 8 * earmarking some amount of current revenue as a reserve for capital • purposes. By so earmarking the revenue, the amount appears as an appropriation to reserves on the 'Consolidated Statement of Operations'. Any balance that remains unspent will be included as 'Fund Balances at the end of the year -- Reserves' on the 'Consolidated Balance Sheet'. Also included in the 'Notes to the Financial Statements" should be a reference to the reserve for capital purposes in the note analysing the reserves and reserve funds. By council limiting the conditions under which a discretionary reserve fund be established, the following benefits may be achieved: * the elimination of separate bank accounts that is required under the reserve fund legislation; * money set up in reserves remains available for use in financing the day to day operations of the municipality; • * the number of accounting entries caused by inter-fund transfers are reduced; and, * preparation of the working papers necessary to consolidate reserve funds for the financial statement presentation is simplified. REPORTING TREATMENT FOR RESERVES AND RESERVE FUNDS In accordance with principles 2009 and 2010 of the Municipal Financial Reporting Handbook, reserves and reserve funds are to be reported as follows: * The creation or increase of a reserve should only be reported as appropriations to reserves on the Consolidated Statement of Operations and not as an expenditure. * The decrease of a reserve should only be reported as appropriations from reserves on the Consolidated Statement of Operations. The incurrence of the actual expenditure for which the reserve was set up should be reported as an expenditure for current or capital operations on the statement at that time. * Reserves and reserve funds should be shown on the Consolidated Balance Sheet as part of municipal equity. 9 * Revenues and expenditures of reserve funds, other than transfers to S or from other funds, should be reported on the Consolidated Statement of Operations at the time they actually occur as sources of financing or applications (expenditures). * It is only the net of all increases and decreases that are to be reported on the Consolidated Statement of Operations as net appropriations to or from reserves or reserve funds. " Net appropriations " represents the difference between the total opening and the total closing balances of the individual reserves and reserve funds and will only appear on one side of the Consolidated Statement of Operations. * Changes in reserves and reserve funds during the period, together with a list of the individual reserves and reserve funds with comparative figures and separated between obligatory and discretionary, should be disclosed by way of a note to the financial statements with specific reference made on the financial statements to the note. ALLOWANCES III Description An allowance differs from a reserve or a reserve fund. An allowance is created to provide for an expected loss or reduction in the value of an asset so as to reduce the reported value of the asset to one which reflects its estimated realizable value. One of the difficulties is to determine an appropriate amount to establish for the allowance. Creating an Allowance An allowance is created by reporting a current expenditure under the appropriate function on the Consolidated Statement of Operations. (Generally charged against the General Government function.) Purpose The most common examples of allowances are: * Allowance for uncollectible taxes, used to provide for an estimated loss on the collection of unpaid taxes. The calculation of this allowance can be determined as follows: • - bya review of assessment appeals outstandingand the probability PP P �Y of the outcome of such appeals and, 10 - by an analysis of the classes of taxes outstanding, for example, I) residential and farm taxes, industrial and commercial taxes and business taxes in conjunction with a historical review of previous years' tax write-offs. The amount set up as an allowance should be only the municipal share of the taxes outstanding and determined to be uncollectible. The amounts to be recovered from the upper tier (for example, county or region) and from school boards are not to be included. These amounts will be set up as accounts receivable if and when the anticipated uncollectible taxes become a reality. An allowance for uncollectible taxes will not be required for properties that are registered under the Municipal Tax Sales Act, 1984, as the full cancellation price should be recovered when the property is either sold or redeemed. * Allowance for doubtful accounts, used to provide for an estimated loss on the collection of unpaid receivables. This can be determined through the use of an aging schedule of all accounts receivable and determining what accounts may not be forthcoming. Ill To ascertain a bad debt loss experience rating, a municipality should take into account special situations such as economic factors and business conditions. Reporting Treatment Provisions for allowances are generally reported under the current expenditure function — General Government, on the Consolidated Statement of Operations. When the loss for which the allowance was created occurs, it is charged directly against the allowance. When the level of the allowance exceeds the amount considered necessary, the reduction is reported as " Sources of financing --Other " on the Consolidated Statement of Operations. Because this allowance is deducted from the book value of the asset to which it relates, only the net asset is reported on the Consolidated Balance Sheet. TRUST AND OTHER SPECIAL FUNDS Description and Purposes A trust fund arrangement exists where money, property (or other valuables) are held by a municipality or local board for the benefit of IIanother. 11 The most common special funds other than reserve funds are trust funds and funds to pay future liabilities, such as Sinking Funds or Debt Retirement Funds administered by the municipality. A trust fund is used by a municipality or local board to segregate and administer assets under the specific terms of a statute or trust indenture. There might be restrictions placed on trust fund assets regarding the use of the capital in the fund. In some cases, the capital cannot be used, although the income earned is available for a specific purpose. Some examples of trust funds are: * Cemetery care and maintenance funds. * Funds held by the administrator on behalf of residents of a Home for the Aged * Deposits by a subdivider to guarantee installation of services * Deposits by a contractor to guarantee the performance of a contract * Endowment funds for payment of scholarships Of the trust fund examples listed above only the cemetery care and maintenance fund requires comment. CEMETERY CARE AND MAINTENANCE FUNDS AND PRE-NEED ASSURANCE FUND The Cemeteries Act (revised) under Subsection (35) requires a portion of the proceeds from the sale of a burial plot to be set aside to provide for care and maintenance. In the case of a municipal cemetery, this portion is deposited with the municipal treasurer, or with an independent trustee, to be invested and held in perpetuity. The income is paid over to the cemetery board for the maintenance of the cemetery. Similarly, Subsection 36 requires the payment into a Pre-Need Assurance Fund of all monies received for Pre-Need supplies or services until that portion of the contract in respect of which the money was paid is completed. 12 Reporting Treatment 1 The transactions and fund balances for trust funds are reported on the Trust Funds Statement of Continuity and related Balance Sheet. For trust funds such as endowment funds and cemetery care and maintenance funds there is often a legal requirement to report capital and income portions of the fund balance separately. OTHER SPECIAL FUNDS Sinking funds and the Ontario Clean Water Agency debt retirement funds are the most common examples of other special funds to pay future liabilities. A municipality which has sinking fund debentures outstanding is required to accumulate a sinking fund by setting aside a predetermined amount each year for principal repayment, which is invested in types of securities specified in the Municipal Act. A separate sinking fund should be established for each sinking fund issue and the amount of money which • must be raised and paid into the sinking fund certified in each year by the municipal treasurer. No moneys in the fund may be diverted from the sinking fund other than to pay off the sinking fund debentures for which the fund was established. When the municipal debenture issue II falls due, the sinking fund investments are converted into cash and the proceeds are used for the redemption of the matured debentures. Once adequate funding is available to redeem the debentures the future surpluses may be transferred with the approval of the municipal council and the Ontario Municipal Board to the general funds of the municipality. 0 13 APPENDIX A • LEGISLATION COVERING OBLIGATORY RESERVE FUNDS Premiums Received In Foreign Currency Debentures. The Municipal Act, Subsection 146 (3). Every money by-law passed under this section shall provide that any portion of the premium which may be received on the currency in which the debentures are payable that is not required to pay the cost of the work authorized under the by-law and charges incidental thereto shall be set aside in a reserve fund to be used to pay the premium on the annual payments of principal and interest on the debentures issued under the by-law. Subdivision Contributions, The Municipal Act. Subsection 164 (1). Where a contribution is received by a municipal corporation in consideration of the expense incurred or to be incurred by S the corporation as a result of a proposed subdivision of land, such contribution shall be used only to meet the expenditures for work done within the subdivision or for the benefit or use of the occupiers or subsequent occupiers of the land within the subdivision or to meet expenditures incurred wholly or in part by reason of the subdivision of such land and, where a contribution is made for a specific purpose, it may be used only to meet expenditures for such purpose. (2) Such contributions shall be paid into a special account, and Subsections 163 (2) and (3) apply with necessary modifications thereto. (3) Notwithstanding subsection (1), if any of the contributions referred to in subsection (1) are not required or likely to be required for the purposes mentioned in subsection (1), they may be expended for some other purpose. 14 Municipal Parking Lots, ' The Municipal Act, Clause 207 (56) (d). Where a municipality established a parking lot or lots or erects buildings or structures therein, thereon or thereunder for such purposes or constructs underground parking facilities in the municipality at the expense of all the ratepayers of the municipality, the municipality shall establish a reserve fund and deposit therein the net revenue derived from the operation of all parking facilities operated by or on behalf of the municipality or leased by or on behalf of the municipality for parking purposes, including parking meters on highways. Clause 207 (56) (e). Such reserve fund shall be applied, i) firstly, for the payment of interest and principal falling due in each year in respect of any debentures issued for the purposes of this paragraph, and ii) secondly, for the acquisition, establishment, laying out or improvement of additional parking lots or facilities, and iii) thirdly, for such other purposes as the council may I approve. Special Charges to provide additional sewer or water capacity. The Municipal Act, Subsection 218 (3). The proceeds of the charge or charges authorized by any such by-law shall be deemed to be a reserve fund established under Section 163. Revenue in lieu of parkland The Planning Act. Subsection 42 (15). All money received by the municipality under subsections (6) and (14) and all money received on the sale of land under subsection (5), less any amount spent by the municipality out of its general funds in respect of the land, shall be paid into a special account and spent only for the acquisition of land to be used for park or other public recreational purposes, including the erection or repair of buildings and the acquisition of machinery for park or other public recreational purposes. 15 Revenue in lieu of land under a subdivision agreement. The Planning Act. Subsection 51.1 (5). Subsections 42(2),(5),and (12) to (16) apply with necessary modifications to a conveyance of land or a payment of money under this section. Revenue received as development charges The Development Charges Act, Subsection 16 (1). Payments received by a municipality under this Part shall be maintained in a separate reserve fund or funds and shall be used to meet growth related net capital costs for which the development charge was imposed. Revenue received as front end charges The Development Charges Act. Subsection 27 (1). The municipality shall place all money received from the parties to the front end agreement in a special account and shall use the funds in such an account only for, (a) paying the actual net cost of the installation of the services specified in the agreement; and, (b) reimbursing to the parties to the agreement any funds remaining in the account after the installation of the services referred to in clause (a). Subsection 28 (1). The municipality shall place money received under section 26 in a special account and shall, immediately upon receipt of the money, by registered mail, (a) notify the parties to the front-ending agreement that the money is available to be paid out; and, (b) request the parties to give directions to the municipality as to whom the money is to be paid. 16 APPENDIX B 111 LEGISLATION COVERING DISCRETIONARY RESERVES AND RESERVE FUNDS The Municipal Act. Reserves Subsection 162 (2). In preparing the estimates the council shall make due allowance for a surplus of any previous year that will be available during the current year and shall provide for any operating deficit of any previous year and for the cost of collection, abatement of and discount on taxes and for uncollectible taxes and may provide for taxes that it is estimated will not be collected during the year and for such reserves as the council considers necessary. Subsection 162.1 In this section, 'municipality' includes a regional, 111 district or metropolitan municipality and the County of Oxford (2) A municipality may by by-law provide that earnings derived from the investment of a reserve shall for part of that reserve. Reserve Funds Subsection 163 (1). Every municipality as defined in the Municipal Affairs Act and every board, commission, body or local authority established or exercising any power or authority with respect to municipal affairs under any general or special Act in an unorganized township or in unsurveyed territory may in each year provide in the estimates for the establishment or maintenance of a reserve fund for any purpose for which it has authority to spend funds, provided that, where the approval of the council is required by law for a capital expenditure or the issue of debentures of or on behalf of a local board, the approval of the council of a provision in the estimates of the local board for a reserve fund shall be obtained. (2) The moneys raised for a reserve fund established under subsection (1) shall be paid into a special account and may be invested in such securities as a trustee may invest in under the Trustee Act, and the 17 earnings derived from the investment of such moneys form part of the reserve fund. 111 (3) The council may by by-law provide that, instead of a separate account being kept for each reserve fund, a consolidated account may be kept in which there may be deposited the moneys raised for all reserve funds established under this section but which consolidated account shall be so kept that it will be possible to determine therefrom the true state of each reserve fund. (4) The council may by by-law provide that the moneys raised for a reserve fund established under subsection (1) may be expended, pledged or applied to a purpose other than that for which the fund was established. (5) The auditor in his annual report shall report on the activities and position of each reserve fund established under subsection (1). Investments The Municipal Act. Subsection 167 (3). A municipality may combine and invest money held ' in the general fund, the capital fund and a reserve fund. (4) Money invested under subsection (3) shall be invested only in the securities named in subsection (2). (5) Earnings from the combined investment shall be credited to the separate funds in proportion to the amount invested from those funds. 18 ( r" Appendix B (— By-Law 96-28 Villageof Port Burwell Capital Fund Budget Capital Project Information Return (PIR) Project: Project #: Description: Estimated Start Date Estimate Completion Date Reason for Project: Timing of Costs 1 1995 j 1996 1 1997 1 1998 I Total Equipment Land . Buildings Design & Engineering Financing Total Effect on Revenue Fund Sources of Financing Annual Operating Costs _ Reserve Funds Less: Estimated Annual Revenues - Grants - Net Operating& Maint. Charge _ Donations r Add: Annual Debt Charge Revenue Fund - Total Ann'l Cost to Revenue Fund r Loans Approvals Yes I No Committee/Board of Council Council OMB Bank Submitted by: Date: The Corporation of the Village of Port Burwell PO Box 10 21 Pitt Street Port Burwell ON NOJ 1TO By-Law 96-29 C-00 D3 OS 7 Being a by-law to authorize the Reeve and the Administrator/Clerk- Treasurer to enter into an Employment Agreement with Donna Lamoure for the purpose of the operation of the Concession Stand at the Baseball Diamond. 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 the municipality has deemed it necessary to enter into an Employment Agreement with Donna Lamoure for the purpose of the operation of the Concession Stand at the Baseball Diamond, and; WHEREAS Donna Lamoure will be covered by the liability insurance of the Village of Port Burwell as well as the Worker's Compensation for the Village of Port Burwell. NOW THEREFORE the Council of the Corporation of the Village of Port Burwell hereby directs the Administrator/Clerk-Treasurer to execute the employment agreement with Donna Lamoure attached hereto as Schedule "A" of this bylaw. Read a • second time this 14th day of May, 1996 Adm t/Clerk- Treasurer 'tel/i —. , R•eve Read a third ti.• and finally passed on this 14th day of May, 1996 Adm' istra erk-Tre.:urer forI Re- • Schedule "A" By-Law 96-29 EMPLOYMENT AGREEMENT BETWEEN THE CORPORATION OF THE VILLAGE OF PORT BURWELL hereinafter the "Employer" OF THE FIRST PART and DONNA LAMOURE - PORT BURWELL hereinafter the "Employee" OF THE SECOND PART WHEREAS the Employer is the Owner of lands identified as the Baseball Diamond and the Concession Stand on the lands known as the Baseball Diamond; AND WHEREAS the Employee wishes to operate the Concession Stand Food Booth for the sale food on the said lands; AND WHEREAS the parties hereto agree as follows: 1. The Employee intends to operate the Concession Stand only for the sale of hotdogs, pop, confections, etc. as approved by Council. 2. The Employee intends to operate those facilities during the months of May through September of 1996. 3. The Employer will be responsible for carrying appropriate liability and property insurance on the said property and Worker's Compensation Insurance. 4. The Employer 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 Baseball Diamond Concession Stand. 5. The Employee shall supply, at their own expense all food & confections for general sale to the public at an amount to be decided by the employee. • 1 In Witness Whereof of the Employer and Employee Have Hereunto Set Their Hands and Corporate Seals this 14th day of May, 1996. A1W /C.:(2 trt Ml: rator/Clerk-Treasurer Witness det/12/1/ Donna Lamoure, Employee Witness 2 The Corporation of the Village of Port Burwell PO Box 10 21 Pitt Street Port Burwell ON NOJ 1T0 By-Law 96-30 COOL3agJ Being a by-law to permit the encroachment of a building located at 12-14 Chatham 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 12-14 Chatham Street, described as Lot 33, 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 he 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 THE CORPORATION OF THE VILLAGE OF PORT BURWELL 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 Timothy Russell Weiler and Doris Gisela Weiler 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. 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 May,,1996 Amp 4111, • , „• • * . . �+' - T .fir isi ce_ _ ,/ Read a third time and finally passed on this 14th day of May, 1996 Agt 4110 Ad. '.' ator/Clerlt-Treasurer /( ? d ,/ , R r 2 i d r ,ts NORTH SURVEYOR'S REAL PROPERTY REPORT WEST OF CHATHA1'A STREET PLAN OF L,O�rs LOT 32 LOT 33 LOT 34 LOT 35 LOT 33 EAST OF CHATHAM STREET REGISTERED PLAN 12 ROAD ALLOWANCE BETWEEN LOTS lo AND 11 VILLAGE OF PORT BURWELL COUNTY ROAD 39 CHATHAM STREET COUNTY OF ELGIN (SEE ELGIN COUNTY BY-LAW 85-27) (AS SHOWN ON REGISTERED PLAN 12) 4 ° 40 FEET 0 SCALE - 1 INCH = 30 FEET 8 PART /1 nDISTANCES SHOWN ON THIS PLAN ARE IH IMPERIAL UNITS AND `E.:, 1-IR-6200 o AWNINGS 90ry, �,� IMPERIAL CAN BE CONVERTED TO METRES BY MULTIPLYING BY 0.3048 1:38'cat' Y � F-1-1I �e` zap' KIM HUSTED SURVEYING LTD. i---� t I'- N 00'45' 15"E (PI &M) 210.36' (M) (209.22' Pt) >-� 1996 66.00'(P1 &SET) 67.18'A- (S/P) - 67.18' (S/P) 66.64' (P3&M) L I A t B• I•< 134.36' (M) Q• (132.00' P2) REPORT SUMMARY(TO BE READ IN CONJUNCTION NTH PLAN OF SURVEY) REGISTERED EASEMENTS AND/OR RIGHTS-OF-WAY: NONE REGISTERED ON TITLE I "NEST SIDE PLATFORM RESTAURANT. COMPLIANCE WITH MUNICIPAL OFFICIAL PLANS AND p — ZONING BY-LAWS NOT CERTIFIED BY THIS REPORT ZZ �� ADDITIONAL REMARKS F < 0.5'> n (1)PROPERTY DESCRIPTION - LOT 33 EAST OF CHATHAM STREET.REGISTERED I PLAN 12, VILLAGE OF'PORT BURWELL, KNOWN AS 12 CHATHAM STREET. I STORAGE 0' (2) THE WEST SIDE RESTAURANT ENCROACHES ON CHATHAM STREET AND �_ REGISTERED PLAN 12THE TRAVELLED STREET DESIGNATED AS PART 6 ON DEPOSITED PLAN 11R-6209. 26. 7 a, n SUBJECT PROPERTY AREA - 11436 SQUARE FEET M 41i7 AREA OF SUBJECT PROPERTY COVERED BY HOUSE,PORCH,VERANDAH .d-.. p 0.'to RESTAURANT- 2879 SQUARE FEET c0 vi ti o LOT 33 L o COVERAGE = 25 5 OT 3� ri LOT 3� N THIS SURVEYOR'S REAL PROPERTY REPORT HAS BEEN PREPARED FOR o u H TIA1 AND DORIS NFJLER 0 LOTS EAST OF CHATHAM STREET 9 AND THE UNDERSIGNED ACCEPTS NO RESPONSIBILJTY 'CO-1 FOR USE BY OTHERS H I INSTRUMENT 291938 INSTRUMENT 253(49 Cf,1-L1 - 3 SURVEYOR'S CERTIFICATE (y) 5.7' ' :5; CERTIFY THAT THE FIELD SURVEY REPRESENTED BY THIS PLAN AND CC. u '� REPORT WAS COMPLETED ON THE 3RD DAY OF APRIL, 1''6. . up p 3Qmz p 10 J p O m r-� `\ la> <z p r7 r MAY 7, 1996 .1 ��� • o• VILLAGE o a t2pN OF PORT JJTIW LL DATED —_ _KIM . HUS D —_ f+. z s 2 z V • ONT 0 LAND RVEVOR Sp"U LL t o THIS REPORT CAN BE UPDATED BY KIM HUSTED SURVEYING LTD. •`� 17.7 29.0' ryl HOWEVER NO ADDITIONAL PRINTS OF THIS ORIGINAL REPORT WILL L VERANDAH 9P .n A a �`� ' BE ISSUED SUBSEQUENT TO THE DATE OF CERTIFICATION. m V g \ .1 ____ __ ■ I I ■y\ __ _I 66.63._Q11 a_ NOTES 66.00' (Pt A SET) 71.49' (S/P) 71.48' (5/P) (1) - BEARINGS ARE ASTRONOMIC AND ARE REFERRED TO THE EASTERN UNIT OF 90 142.97' (P1 LOTS 33, 34 AND 15 EAST OF CHATHAM STREET. REGISTERED PLAN 12 AS F--< N 00'46'00"E (REFERENCE BEARING) SHOWN ON DEPORTED PLAN I19-6029 HAVING A BEARING OF N 00'46'00'E. 1 275,60• (P1 •Y) LEGEND 4 ' • DENOTES SURVEY MONUMENT FOUND -/I�-- i I 0 DENOTES SURVEY MONUMENT SET TNI$IS NOT I SIB DENOTES STANDARD IRON BAR AN ORIGINAL COPY LL) LOT IB DENOTES IRON BAR UNLESS JG RIB)) DENOTES ROUND IRON BAR EYBOSSEO 111TH iD INSiRUyENi 201 I 36 741) DDENOTES ENOTES WITNESS HOUGHTON OLS. SEAL / P; L� 7� I INS (1582) DENOTES KIM HUSTED SURVEYING LTD. // HH �"' TRUMENT SP1) DENOTES DEPOSITED PLAN 116-6029 ' ` 3 I I P2 DENOTES REGISTERED PLAN 12 �p}� DENOTES PLAN OF SURVEY BY KIM HUSTED SURVEYING LTD. LOT 179551 DATED NOVEMBER 2, 1988 PROJECT 88-814 0-. C 34 AAT OF DW�D ((M) DENOTES MEASURED L> E ST LAND SURVEYORS (S/P) DENOTES SET BY PROPORTIONING 9 Or QTS EAST LOT OT 3� °�"�5J 4 Z`2 © COPYRIGHT 1996 KN HUSTED•SURVEYING LID. s I I ,�r �-I• _ THE REPRODUCTION,ALTERATION,OR USE OF THIS REPORT IN WHOLE OR IN h PAR7 WITHOUT THE WRITTEN PERMISSION OF KIM RUSTED SURVEYING �,7�y'vl L�Tr�F r �' LTD. IS STRICTLY PROHIBITED J vs KIM HUSTED SURVEYING LTD. IHE$ ONTARIO LAND SURVEYOR PLAN IT I i '=TLcss PUI Is IS AH NOT orossEc VASO 50 FOX ALLEY. TILLSONBURG. ONTARIO, N4G 3P4 NONA.COPT PHONE: 519-642-3636 FAX 519-668-2548 ISSUED BY I. SURVEYOR Aw.r a• Er WA DISK No. a PROJECT:96-3956 REFERENCE:FF 6 204 • I -..., NORTH SURVEYOR'S REAL PROPERTY REPORT LOTS WEST OF CHATHAM STREET I PLAN OF LOT 32 LOT 33 LOT 34 LOT 35 I LOT 33 EAST OF CHATHAM STREET ROAD ALLOWANCE BETWFEN LOTS JO AND 11 REGISTERED PLAN 12 VILLAGE OF PORT BURWELL COUNTY ROAD 3J CHATHAM STREET COUNTY OF ELGIN (SEE ELM COUNTY BY-LAW 85-27) (AS SHOWN ON REGISTERED PLAN 12) 0 3 10 m w 40 FEET PART 8 SCALE - 1 INCH - 30 FEET ttiti �0 � 11R-62�J0 o pi AWNINGS \�0ti, IMPERIAL DISTANCES SHOWN ,,THIS BAN Y MULTIPLIN YIN ABYU0.330048ND e 4. -__< N 00'45'15•E (PI &N) 210.36' (MKIM HUSTED SURVEYING LTD.) (209.22' P1) >'-I 1996 66.00'(Pt &SET) •••• 67.18 S 4 _. -1 67.19' (S/P) b66.54' (P3&M) ` 1.9' —I 134.36' (M) REPORT SUMMARY(TO BE READ IN CONJUNCTION WITH PLAN OF SURVEY) (132.00' P2) .NEST 5/OE PLATFORM REGISTERED EASEMENTS AND/OR RIGHTS-OF-WAY: NONE REGISTERED ON TITLE RESTAURANT' COMPUANCE WITH MUNICIPAL OFFICIAL PLANS AND Z Ne a ZONING BY-LAWS: NOT CERTIFIED BY THIS REPORT 0.5' ADDITIONAL REMARKS (1)PROPERTY DESCRIPTION - LOT 33 EAST OF CHATHAM STREET,REGISTERED PLAN 12, VILLAGE OF PORT BURWELL, KNOWN AS 12 CHATHAM STREET. I STORAGE 7 (2) THE WEST SIDE RESTAURANT ENCROACHES ON CHATHAM STREET AND L— 26.0' R r REGISTERED a PLAN 12 41 THE TRAVELLED STREET DESIGNATED AS PART 6 ON DEPOSITED PLAN 11R-6209. 2 as a, n SUBJECT PROPERTY AREA - 11436 SQUARE FEET 'S L() AREA OF SUBJECT PROPERTY COVERED BY HOUSE, PORCH. VERANDAH CO 6 E a o (1) AND RESTAURANT- 2879 SQUARE FEET LOT 33 LOT 3� s LOT 3-5n COVERAGE = 25 5 CJ • - - 1-, THIS SURVEYOR'S REAL PROPERTY REPORT HAS BEEN PREPARED FOR H S Nup TIM AND DORIS WEILER a O rS EAS,� OF CHATHAM STREET —I Q AND THE UNDERSIGNED ACCEPTS NO RESPONSIBILITY FOR USE BY OTHERS H INSTRUMENT 291938 3 INSTRUMENT 25.3049 A SURVEYOR'S CERTIFICATE 14 15.7 ur •VI CERTIFY THAT THE FIELD SURVEY REPRESENTED BY THIS PLAN AND 3 HIn 3 3 Y iD '' REPORT WAS COMPLETED ON THE 3RD DAY OF APRIL, 19' O vl 6 3�2a g- p O I I VILLAGE _nI I W W p OF' Z PORT z BURWELL z MAY 7, 1996 IiI1�ie o a. ' !2 u 1 DATED ---- KI ) HUS D = i !if 4oi ON 'I• LAND SURVEYOR ,. 17.1' THIS REPORT CAN BE UPDATED BY KIM HUSTED SURVEYING LTD. VERANDAHS 29'0 'Ll HOWEVER NO ADDITIONAL PRINTS OF THIS ORIGINAL REPORT WILL 40 o N `'q) ,42 BE ISSUED SUBSEQUENT TO THE DATE OF CERTIFICATION. e 4) 45 1a 66.00' (P1 &SET) 71.49' (5/P • -- _I 66.63_(r, &M) - NOTES 8' (S/P) < 45 -< 142.97' (P1 &AO • - BEARINGS ARE ASTRONOMIC AND ARE REFERRED TO THE EASTERN LIMIT OF LOTS 33, 34 AND 35 EAST OF CHATHAM STREET, REGISTERED PLAN 12 AS N 00'46'00•E (REFERENCE BEARING) 275,80• SHOWN ON DEPOSITED PLAN 11R-6029 HAVING A BEARING OF N 00'46' 00•E. (P1 &M) LLl LEGEND --- 1 4 I —1 I ■ DENOTES SURVEY MONUMENT FOUND % '-. a —I I • 0 DENOTES SURVEY MONUMENT SET 1_1:1 I SIB DENOTES STANDARD IRON BAR AN ORIGINAL COPY LOT IB DENOTES IRON BAR UNLESS i0 > i0 UNSTRUMEMT I RIB DENOTES ROUND IRON BAR EMBOSSED M17H ti y 2p17b I 38 WIT) DENOTES WITNESS \ / n (� 741) DENOTES WI I. NWGHTON OLS. ,,,......„..SEAL"/ Lo-r 1582) DENOTES KIM RUSTED SURVEYING LTD. H L L v r TRUMENT I P1) DENOTES DEPOSITED PLAN ITR-6029 I Jy3 P2) DENOTES REG151ERED PLAN 12 • I P3) DENOTES PLAN OF SURVEY BY KIM HOSTED SURVEYING LTD. Q -o rSEAST T� �r 34 119u1 DATED ASSOCIATION ONTARIO (M) DENOTES MEASURED 2. 1988 PROJECT 8e-e/4 Q EAS 1 (S/P) DENOTES SET BY PROPORTIONING 3 J'r' LOTS LOT- LAND s(IRveroRs FAS 3 5 °AN 5 W °°M © COPYRIGHT 1996 KIM HUSTED SURVEYING LID. $ r fir. C�Ar' 1 0 5 3 4 2 T THE RERATION,OR USE OF THIS/ PART WITHOUT THE WRITTEN PERMISSIONKIM RUSTED SURVEYING ORT IN LEOR IN H ULTD. IS STRICTLY PROHIBITED ....... KIM HUSTED SURVEYING LTD. ►�� INS PLAN IS NOT VALiD ONTARIO LAND SURVEYOR l II UNLESS IT Is AN MOWED 50 FOX ALLEY, TILLSONBURG, ONTARIO, N4G 3P4 `�' I ,_- COPY PHONE 519-642-3636 FAX 519-666-2346 �SS1E0 Br THE SUIIKYDR q .��'��'� DISK No. PROJECT:96-3956 REFERENCE:FF519-6688-2548 204 /! // FC]///= /, ® NORTH SURVEYOR'S REAL PROPERTY REPORT LOTS WEST OF CHATHAM STREET PLAN OF LOT 32 LOT 33 LOT 34 LOT 35 LOT 33 _ EAST OF CHATHAM STREET ROAD ALLOWANCE BETWEEN LOTS 10 AND 11 REGISTERED PLAN 12 VILLAGE OF PORT BURWELL COUNTY ROAD 39 CHATHAM STREET COUNTY OF ELGIN (SEE EEGIN COUNTY BY-LAW 85-27) (AS SHOWN ON REGISTERED PLAN 12) .. s ,0 m 30 b FEET �7 SCALE — 1 INCH = 30 FEET >:� _� 1 PART S NOES SHOWN N "4 1,a +' AVE IN IMPERIAL UNITS AND \.,� 11R-6200 AWN�Ncs �1� � IMPERIAL 0. l 'ON AR M--RES 8'MULTIPLYING BY 0.3048 `4�� 11- I ..1r g0- 40�,..:;\ KIM HUSTED SURVEYING LTD. �' N 00'45' 15'E (p1 M) 210.36' (N) ■ (209.22' P1) . -..__ 1996 66.00'(P1 k SET) 67.18` , (SJ{') 67.18' (S/P) >:-1-0 66.64' (P3&M 1.9' 7I• 134.36' (U) l�,I .9 (132.00' P2) y ) REPORT SUMMARY(To BE READ IN CONJUNCTION WITH PLAN OF SURVEY) WEST SIDE ♦ --PLATFORM REGISTERED EASEMENTS AND/OR RIGHTS-OF-WAY: NONE REGISTERED ON 1117E RESTAURANT' COMPUANCE WITH MUNICPAL OFFICIAL PLANS AND Z -- ZONING BY-LAWS: NOT CERTIFIED BY THIS REPORT No.I4 0.5> 0 ADDITIONAL I ( PROPERTY DESCRIPTOR -LOT 33 EAST OF CHATHAM STREET.REGISTERED PLAN 12,VILLAGE OF PORT BURWELL, KNOWN AS 12 CHATHAM STREET. ISTORAGE i (2)THE WEST SIDE RESTAURANT ENCROACHES ON CHATHAM STREET AND L—1 ��26.0' REGISTERED ,8 PLAN I�� -12 THE TRAVELLED STREET DESIGNATED AS PART 6 ON DEPOSITED PLAN 11R-8209. 71. v 0. ,� SUBJECT PROPERTY AREA-11436 SQUARE FEET 41 'B g 0Q AREA OF SUBJECT PROPERTY COVERED BY HOUSE.PORCH. VERANDAH Er. u c (9) AND RESTAURANT-2879 SQUARE FEET Co -. o LOT 33 - LOT 34 n LOT 35 a COVERAGE = 25% ri THIS SURVEYOR'S REAL PROPERTY REPORT HAS BEEN PREPARED FOR m TIM AND DORIS WEILER —1 o LOTS EAST OF CHATHAM STREET I AND THE UNDERSIGNED ACCEPTS NO RESPONSIBIUTY FOR USE BY OTHERS 1-- 1 INSTRUMENT 291938 INSTRUMENT 253049 111 X 3 ; SURVEYOR'S CERTIFICATE 111 :7-- 15.7' N CERT'Y THAT THE FIELD SURVEY REPRESENTED 30'1+'5 PLAN AND V + REPOR' WAS COMPLETED ON 'HE 3RD JAY OF APRIL, 1996. 2 0 a. W� G2 r $ MAY 7, 1996 I�I • VILLAGE r>'¢2N PORT BURWELL 2 �� „ [� in 0Ci TA TED SI US 0 o g 5 s'a CN TAR 0 SURVEYOR 2 2 = I �Al ,7,. - THIS REPORT CAN BE UPDATED BY KIM HUSTED SURVEYING LID. 1 �` „ VERANDAR�_ 29'0 «p'L1 AAT.:) HOWEVER NO ADDITIONAL PRINTS OF THIS ORIGINAL REPORT WALL o —— n `•P BE ISSUED SUBSEQUENT TO THE DATE OF CERTIFICATION. e �e ^——66.00'- (P1 k SET) T 71.49' (5/P� •r\ 71.48' (5/P) �� _-66.63_ (PI &M) I_"� NOTES' � 142.97' (Pt 4)4) `i (') - BEARINGS ARE ASTRONOMIC AND ARE REFERRED TO THE EASTERN UMIT OF N 00'K'00'E r- • LOTS 33,34 AND 35 EAST OF CHATHAM STREET,REGISTERED PLAN 12 AS (REFERENCE BEARING) 275.60' I (P1 &M) Y, SHOWN ON DEPOSITED PLAN 11R-6029 HAVING A BEARING OF N 00'48'00'E. I I i LEGEND -. I I • DENOTES SURVEY MONUMENT FOUND 'SEAL' L. to DENOTES SURVEY MONUMENT SET 'TINS IS NOT SIB IB DENOTES STANDARD IRON BAR DENOTES IRON BAR AN MOWN-COPY W I I UNLESS II!. to INS�UMEN RIB DENOTES RIND IRON BAR E3IBOSSE'O INTI (WI DENOTES WITNESS SEAL' ri T 2017b (7411 DENOTES D.!.HOUGHTON OLS. / }" H LOT I INSTRUMENT I 1 P582) DENOTES DENOTES KIM HUSTED DEPOSITED PLAN HER-6029 P22) DENOTES REGISTERED PLAN 12 X I I I P3) DENOTES PLAN OF SURVEY BY KIM RUSTED SURVEYING LTD. LOT 119551 1 DATED NOVEMBER 2, 1988 PROJECT 88-814 --V! 3 M) DENOTES MEASURED 0. -QTS EAST S II LOT T S/P) DENOTES SET BY PROPORTIONING H F LOTS E7 O I 35 LOT © COPYRIGHT 1996 KW RUSTED SURVEYING LTD. I -QST TIE REPRODUCTON,ALTERATON,OP USE OF THIS REPORT IN NNOLE OR IN Or Cpi A,I i� �7 36 PARTIS T OUTLHEROHIIB 7Ep PERMISSION OF KIM HOSTED SURVEYING • Iz I �� ST�PGT I KIM-_1-INTAR�IEODLANDRVEYIURVErSYOR LTD. �w,l I 50 FOX ALLEY, TILLSONBURG, ONTARIO, N4G 3P4 + I I PROJECT:96-3PHONE 519-842-3638 FAX 519-668-2546 956 REFERENCE:FF 6 DISK No 204 Nesbitt Coulter Barristers & Solicitors Trade Mark Agents Murray L. Coulter Murray R. Bomdahl 432 Simco.St. P.O. Box 126 Barbara L. Legate' Ennio Mic.cchi Woodstock.Ontario P148 7W8 Carol J. Homick Terry W. Thompson Richard J. T. Shaheen Douglas M. Bryce Tel: 1619) 639-1234 Fax: 1619) 639-6832 James P. Carr George A. Caller Q.C. OST Rog: R126468810 •CartfiiW r a apac+aiet m eMi Irtg.Gon by the Law Sonaty May 13, 1996. BY COURIER pokt 8Uq Village of Port Burwell, P.O. Box 10, '� PORT BURWELL, Ontario. "l i`1.1-'1 h 03 NO] 1T0 �`�� (") Attention: Mr. Ed Roloson ,�fi31.,;_;)4 5 C E% � � Dear Sirs: Re: Tippel purchase from Weiler West Side Restaurant Further to your telephone conversation with my secretary of today's date, please find enclosed herewith an original copy of the Plan of Survey for the above-noted property. Thanking you for all your assistantance, I remain, Yours truly NESBITT COULTER 4.149_,C11604".Q.C. Per: George A. Calder, Q.C. GAC*tw End. • THIS AGREEMENT made in triplicate, this 14th day of May, 1996 BETWEEN: THE CORPORATION OF THE VILLAGE OF PORT BURWELL Hereinafter called the CORPORATION of the FIRST PART and TIMOTHY RUSSELL WEILER DORIS GISELA WEILER 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, door awning 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 12-14 Chatham Street, Village of Port Burwell. The encroachments are more particularly described in Schedule "B" hereto (and shown on the Plan of Survey dated May 7, 1996 prepared by Kim Hunted 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. The Licensees further covenant and agree to assume the responsibility and to pay for any additional costs or charges which the Corporation, Regional Cable Systems, Amtelecom 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. 5. 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 (60) 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 be 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 be 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 be 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. 8. 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 ($2,000,000.00) and satisfactory to the Village Solicitor and a certified copy of the said insurance policy shall be filed with the Clerk of the Corporation. • 2 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 be or are required to be given under the provisions of this agreement by either party to the other herein, shall be in writing any may be mailed or delivered and shall be addressed in the case of the Licensee to the Licensee, Timothy Russell Weiler and Doris Gisela Weiler at 12-14 Chatham 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 A. . . • and the Corporation shall not be liable to pay any compensation for any loss, costs or damages which may be 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 be 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 BURWELL i 2 �/ 1 it . Reeve rator/Clerk-Treasurer LICENSEE Timothy Russell Weiler • Doris Gisela Weiler 4 �: , ! 13: 17 a fa 004 and the Corporation shall not be liable to pay any compensation ror any loss, costs or damages which may be incurred by the Licensees or by such unapproved purchaser or transferee try reason of such ternunation, demand. re.'ocation, entry, removal, or restoration. . Provided however, that notwithstanding the foregoing, the permission to encroach and tins agreement shall be assignable to and assumable by a bona fide mortgagee or chargee of the Schedule "A' Lass. THE PARTIES HERETO have executed and delivered this agreement as of the day and year first bereinbelcre• written. THE CORPORATION OF THE VILLAGE OF PORT BUR E'..: '''''.°41/1l''' ' Reek-Te Adytinistratn:,'Clerl;-i reasur`r s1 I :Cl..\ I.E. irnotly. 1:»r�e I Weiler ALLIA//112/1( _ _).,ri .N.msela .\.',...,.ler ......... _-- _.f.: Nesbitt Coulter Banisters & Solicitors Trade Mark Agents Murray L. Coulter Murray R. Bomdahl 432 Simco.St. P.O. Box 125 Barbara L. Legate• Ennio Micacchi Woodstock,Ontario N4S 7W8 Carol J. Homick Tarty W. Thompson Richard J. T. Shaheen Douglas M. Bryce Tel: 0519)639-1234 Fax: 1519) 539-6832 James P. Can George A Calder Q.C. OST Reg:8125458810 •Cerhf»e r a apaodat m ovd kbeebon by the Lew Socroty May 23, 1996. Village of Port Burwell, P.O. Box 10, PORT BURWELL, Ontario. N0J 1 TO Attention: Mr. Ed Roloson Dear Sirs: Re: Tippel purchase from Weiler 12 - 14 Chatham Street. Port Burwell Further to your letter to me dated May 17, 1996 please find enclosed herewith our trust cheque in the amount of $250.00 together with two additional copies of the Survey. Thanking you for your assistance in this matter, I remain, Yours truly NESBITF COULTER �'�J•Q• be.14,Lac Per: George A. Calder, Q.C. F GAC*tw t• 06 Mry 2 a `/. CE � of PORT so 9h t F THE CORPORATION OF THE A01: ' VILLAGE OF PORT BURWELL P.O.Box 10,Port Burwell,Ontario NOJ I TO 401iftgit telephon e (519) 874-4343 • fax (519) 874-4948 POR TUS REFUG"UM May 28, 1996 Groom & Szorenyi Barristers & Solicitors 25 Harvey Street Tillsonburg ON N4G 3J7 Dear Mr. Szorenyi Re: Tippel Purchase from Weiler Encroachment Agreement 12 - 14 Chatham Street, Village of Port Burwell As per the above said, please ensure that Mr. & Mrs. Weiler sign the three enclosed copies of the encroachment agreement between themselves and the Village of Port Burwell. Please note that Mr. &Mrs. Weiler may retain one copy of the agreement for their records and the remaining two copies must be returned to the Village of Port Burwell Municipal Office. I thank you for your attention to this matter and if you should have any further questions please feel free to call. Yours truly "%'i ,t/Cu c/ Donna Lamoure Deputy Clerk David R.Free,CET,AMCT • Administrator/Clerk-Treasurer Port Burwell Brd Laws azo By-Laws # 96 - 31 - 96 - 43 1996 THE CORPORATION OF THE VILLAGE OF PORT BURWELL PO Box 10 21 Pitt Street Port Burwell, Ontario BY-LAW 96-3 C o 0 a 3 0 f Being a by-law to authorize the long term borrowing of an amount of money not to exceed $172,534.00 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 $172,534.00 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 second time this 14th day of May, 1996. .111.46010 To.. Nes.itt Reeve avi . Free Administrator/Clerk-Treasurer Read a third ti and finally passed this 14th day of May, 1996. To Nes itt Reeve Davi•'. Free A. inistrator/ClerkTreasurer 2 Village of Port Burwell By-Law 96-31 Schedule "A" Total Funding Sources Project Costs L.I.L. Grant Trade-in Donation Reserve L.T.D. Road Construction 125,000 50,000 25,000 50,000 Master Plan 2,000 2,000 Roads Equipment 22,000 2,000 20,000 Roads Building 20,000 20,000 Road Signs 3,000 3,000 Sidewalks 13,000 13,000 Street Lights 3,000 3,000 Sheet Piling 7,734 7,734 Market Square 53,000 53,000 0 Fire Equipment 20,000 12,000 8,000 Fire Hall 20,000 20,000 Pagers &Radios 1,000 1,000 Truck&Accessories 10,800 8,000 2,800 SCBA 5,000 5,000 Water System 6,000 6,Q00 Computer 5,000 5,000 Filing System 1,000 1,000 Public Washrooms 15,000 10,000 5,000 Total 332,534 50,000 35,000 2,000 53,000 20,000 172,534 CAP96.XLS Prepared by:Suzanne Dieleman Mantel,CGA 5/13/96 Reviewed by:David R Free,CET,AMC 2:42 PM The Corporation of the Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell, Ontario By-Law 96-32 Being a By-Law to Stop up and Close a Travelled Road, Part 3 of Registered Plan 11 R-6238. WHEREAS the Municipal Act R.S.O. 1990, c. M.45, s.297, as amended provides that; (1) The council of every municipality may pass by-laws, (a) for establishing and laying out highways; (b) 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 for 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. WHEREAS the Municipal Act R.S.O. 1990, c. M.45, s.297 and 300, as amended set out the procedures for the stopping up and closing of a highway and; WHEREAS Council deems it expedient to stop up and close a municipal road allowance known as travelled road, Part 3 of Registered Plan 11 R-6238; I NOW THEREFORE the Council of the Village of Port Burwell hereby enacts as follows: (1) THAT Part 3 of Registered Plan 11R-6238 as described on Schedule "A" attached hereto is hereby stopped up and closed. (2) THAT the Reeve and Administrator/Clerk-Treasurer be authorized and instructed to sign all necessary documents in the connection with a conveyance of the aforesaid municipal road allowance. (3) THAT the Administrator/Clerk-Treasurer be authorized and instructed to register a certified copy of this by-law in the Land Registry Office for the County of Elgin. Read a first and seco. • .e this 11th day of June, 1996. e At!, • ministrator/• erk-Treasurer Read a third time and i ally pas-•. this 10th day of September, 1996. R- - • ministrato . lerk-Treasurer 2 J.E n,VMn,iM CV'M.—roan NO YOO Amended NOV.1997 fit of ince Document General v Ontario Form 4—Land Registration Reform Act `— NUMBER3 7 2 5 5 9 (1) Registry Land Tide ❑ (2) Page 1 of 9 pages CERTIFICATE OFREGIRSTPATIQ8 9 6 0 C T 7 1 (3)Property Block Property Idontf/Mr(s) Additional See ❑Schedule • (4)Nature of Document ELGIN /i No. 11 � By-Law ST.THOMAS LAND REGISTRAR '(5)Consideration J 0 Dollars$ w (6)Description w LL See attached Schedule A . LL C 1z New Property Identifiers Addilioas: See Schedule Executions (7)This (a) Redescription (b)Schedule for Additional Document New Easement Additional See ❑ Contains: Plan/Sketch ❑ Description ❑ Parties ❑ Other ❑ Schedule (6)This Document provides as follows: The stopping-up of a highway within the Village of Port Burwell known as Part 3 of Registered Plan 11R-6238 as permitted by Section 301 of The Municipal Act, R.S.O. 1990, Chapter 302 and By-Law 96-32 lawfully passed in the municipality of the Village of Port Burwell. • Continued on Schedule ❑ (9)This Document relates to instrument number(s) (10) Party(les)(Set out Status or Interest) Names) S gnature(s) Date of Signature Y M D . The .Co.rporation of the Village o Port Burwell 1996 10 07 David R. Free //‘—)1,469 �!!!�✓��✓✓ Administrator/Clerk-Treasurer z ve the authority to bind the corporation (11)Address for Service 21 Pitt Street, Village of Port Burwell (12)Party(Ns) (Set out Status or Interest) Name(s) Signature(s) Date of Signature V M D (13)Address for Service (14) Municipal Address of Property (15) Document Prepared by: it Fees and Tax Part 3 of Registered Village of Port Burwell - Plan 11R-6238 21 Pitt Street, PO Box 10 6 Registration Fee Port Burwell ON NOJ 1TO vwi w U LL V_ 0 2 Total Schedule "A" Part 3 of Registered Plan 11R-6238,being a plan of survey of lots 5, 6, 7, 8, 9 and 10 part of lots 3 and 4 east of Erieus Street lots 6, 7, 8, 9 and 10 part of lots 4 and 5 west of Strachan Street Hagerman Street between Erieus and Strachan Streets Registered Plan 12 Village of Port Burwell County of Elgin AREA SCHEDULE .111 %T PLAN 11R-6/230 -- -- PART AREA ACT Iwoo.m.No 0cvoslm T HURCH 1 24204 5029.E ¢T .j�AY /� , PARTS 1 TO 21 I PART 2 PART i BLOCK 2 241'MAR FEET DATE MAY 2,'996 DATE 3 12162 50231 FEET LOT 11 LOT 11 LOT ii LOT ii 4x 73 sQ1M1 FEET i1 5 21wJ SOUME TEEf - .I) I s9TOFhlAND Easrw DID 7M PLAN 11R-5056 11R-4710 a zn44 4029.E FFR s s (N. 11 v 43440 OF E Q CAU ON: n,TMac I Ic a'407,M901"'"I" PART 1 PART SCHEDULE BROOK cu....c1 - REGISTERED PLAN,2) 11R-2387 PART PLAN LOT 'NST MUNICIPALITY `,+,�� STREET `fiT`e1 bSITMENT 246/302 11 `40 N r Si'3r 9 (EFORIU 1FMVIG) Sn.N• (2) (399.29'SPA) To aMINI M1" x.00' � 'EAE (P2 4 4) 0�}I • 11.4' --40.26' 34.51`,1 Z 1 FAST or 9 I18.90 9a C (P,01 4) N0TNEST CORNOI OF 1 u 4 (PS 4 N) 1 (P2 4 N) (02 4 N)A n n EE1ReEPl50fTREET 20!+10) 'p is+ISTTERED Cr 12 s Se.TT (343°'3 N) 'y,APART i c. LOT 10 PART 12 REV 410 LOT 10 LOT 10 LOT 10§ LOT 41�4* ap, 10 /� MACRO.STREET f 1""' PMT OF W W w �S!3 2 1.(mss) 4: W PART -1 -PART ii 2 10 REST°iss EFT 244082 --- ---W W --- ---: E -- W-xrx'30•• �_ ••e. a -W r --- -- purr OF Mo9 F-IX a PART 11 1� Izn'(PZ 4 Y) O �9ba F 3 V w I-- MEM STREET 1-• $ $ EAST OF w w PORT R W LOT 0 N N LOT D W .� LOT 0 �' °'� �0P LOT 0 U) 3 7 ., tt 77 LOT 0 Z sREST OF pow AND 10 I,il ' • I ac: N.(FP E .y S fn j' 1- d' 1x ruT a e.ACHAN STREET Mo s 0 EAST CS 0) eux.cu. 1)- 1-' 6-: !�� S -- _ — -- 1n Z 01pAR0 STREET cn -- -- -- -- -- R U) q--- ".0 l� 11—t T, 4.1304 oF ' o +p��V • 409 8 r PART 1 4 '9 AND AN 0'F0 LOT 8 Z I LOT 8 m LOT w 40 8, 4' LOT 8 z I __ S09AC'IA'1STREET U) NTfS a*e �. Q `rv�� fis LO7 8 z 5 u REGISTERED z PART 1 m = _ V.:i4 u msµ;, •• •.' PART 2 Q 2 — ANO STRACHAN i9. til — ! k' (' w Q • • T PMT Of J MD♦ eTe EE w 8 • 51 �' CL .. z 4 • ERIEUS STRUT 4210 • I W Q ;' " PMT R•ANO 5 20,53) LOT 7 ——LOT 7— .; / - LOT 7 PART 4 - LOT 7 rn ' a`( a LOT 7 1- PESTSTRAOF STREET MI A�0 PART 2 '� $�)e :•:, N W PLAN OF SURVEY OF / ' 7 a R H — — LOTS 5, 6, 7, 8, 9 AND 10 zART 3 f kR p PART 3 PART OF LOTS 3 AND 4 LOT 8 W L5, PLOT 8 $ S. LOT 8 LOT 8 2 - LOT S p EAST OF ERIEUS STREET `ter o o `fiT k LOTS 6, 7, 8, 9 AND 10 f 143x' (034 N), 145.1+' (P34N) o- +' ' o ° (�� a •Y $ PART OF LOTS 4 AND 5 I--< x r 6,'00'• (4) (N sr st 30.9 03) 53021 (P3 4 N) x�c // x ar 51-00-9 (¢T) 334.04' (Y) (MO Go' P1) I a-I F WEST OF STRACHAN STREET fr H r 51'0r 9 (N) 'P M P ^ P. 1- HAGERMAN STREET BETWEEN o x9.1 (P1 4 N) $ PART 5 •s. 71 g W ERIEUS AND STRACHAN STREETS HAGERMAN (r Joe - REGIS/MD PLAN u) t' STREET to Q E — SOTIx 0)51 or 9.101E PMOTEOTON•Obs R R _ _ ti REGISTERED PLAN 12 I Y .T — — — —"- �$ — --- VILLAGE OF PORT BURWELL I - ii N r,,..___/-0... r o0 N 333.20 (N) (330.01 01) 1 =--- COUNTY OF ELGIN —' LOT 5 INSTRUMENT 14210 s AA Z N 4.,:P r r T N° LOT 5 N LOT 5 5 } PART 6 LOT 5 is x LOT 5 F- V) SCALE - I INCH - 50 FEET l� ---- z Q w n 0(911 ALSO Ns11e4ENT 20193) ' U - IMPERIAL 4,1511 20:0,. 15 "iEn°i0 0c1I¢a w.�,R.904 0 3.15 o `1 -- n w W Q KIM HUSTED SURVEYING LTC. z - ¢ � `'°`— —� >T UNNUMBERED BLOCK 1996 [760 �•*q N SURVEYOR'S CERTIFICATE LOT 4 LOT 4 W A LOT 4 sso cc x} ,...• LOT 4 Q♦ NOTES �.s� 1,Nb ADM a CORRECT.No N�aowaNa rn AT 10 9.0•E '.PM1`+- `F ! ,19. 1"H (I)-......M1/SAOMd4C AND M1 REFORM To 1x1 THE 9.111/115 OCT.HE 91TYEYON1 4(1 M0 M EOIe1TY ACT sE 0C1Y -\0 60290'MIT a MOCK 5MET As f10.1 011 ND TIE E0RATIWe NOE THEREUNDER N I WOWED PLAN 110-1423 HANNG A KNEW a (2)-T.5 50501'w,S C E1ED w THE 2w DAY OF NMCM.1 -- -- r r- , -)- 0 4l's 1 4 LEGEND MAY 2,1996 _ 1] O . 0010115 SURVEY x0341!'1 FO,M LOT 3 -1 - LOT 3 �' LOT 3 o I LOT 3 } 513 ' ahs NG."G4o' E 4�pN _ __ , 00IOR3 1 ETHERS ------ • 01 00D Es Exs EED PLAn,x KIM HUSTED SURVEYING LTD. -- -- --•' -- --_J� -- n mlorzs 0Ea0sTm Pun n9-za> ONTARIO LAND SURVEYOR _ P OEN0IE5 DEPOSITED PLAN 119-3664 i / ---__- A (P» DSpENOTTEE5 DEPos RAN 50 FO)(ALLEY.TI L50F!(MG 031310,N{C T4 LOT 2 I LOT 2-- f' (a Dn1DT1s I03'lssTEO:4•0'GEro. PHONE Me-42-790 FAX 514-4311-2540 —�_ LOT 2' 4 pR \-' LOT 2 (N 2) C°or 1e�s910 G05w4nrt somas(DNTAbO) I_ I. Q I I PROJECT:96-3699 REFERENCE:FF 5 1;4—. M.1,...,""N9, NOW THEREFORE the Council of the Village of Port Burwell hereby enacts as follows: (1) THAT Part 3 of Registered Plan 11R-6238 as described on Schedule "A" attached hereto is hereby stopped up and closed. (2) THAT/the Reeve and Administrator/Clerk-Treasurer he authorized and instructed to sign all necessary documents in the connection with a conveyance of the aforesaid municipal road allowance. (3) THAT the Administrator/Clerk-Treasurer be authorized and instructed to register a certified copy of this by-law in the Land Registry Office for the County of Elgin. Read a first and seco me this 11th day of June, 1996. / I-/4/ eeve . ice/ dmnistrato Clerk-Treasurer 0 Read a third time and finally passed this h day of September, 1996. Reeve Administrator/Clerk-Treasurer 2 The Corporation of the Village of Port Burwell PO Box 10 21 Pitt Street Port Burwell ON NOJ 1T0 By-law 96-33 C O 0 dt?/3 J 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 acid Section 1 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 he legible and he 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. - t 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. / / / hl. Re- e Adm. istrator/Clerk-Treasurer Read a thin .nd final e this 25th day of June, 1996. 4-7 `/ " - e iiiele.: 2s...----- A . istrator/Clerk-Treasurer 2 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) $50 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 • The Corporation of the Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell, Ontario By-Law 96-34 C D 0 3 t q Being a By-Law to authorize the municipality to enter into a lease agreement with Pembina Exploration Limited. 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 the Council of the Village of Port Burwell is desirous to lease lands known as those parcels of or tracts of land situated on the East side of Chatham Street in the Village of Port Burwell in the County of Elgin and Province of Ontario as indicated on Schedule "B" of this agreement. NOW THEREFORE the Council of the Village of Port Burwell hereby directs the Reeve and Administrator/Clerk-Treasurer to enter into the lease agreement described as Schedule "A" between the Municipality and Pembina Exploration Limited commencing upon the signing of this agreement ending July 31, 1996. Read a fi = .nd seco tim• thi• 25th day of June, 1996. iid . .mei,.. e A • istrator/Clerk-Treasurer Read a third ti.. • and . . passed .' 25th day of June, 1996. * !' " fr R: m' rator/Clerk-Treasurer I Schedule "A" By-Law 96-34 LEASE AGREEMENT BETWEEN THE CORPORATION OF THE VILLAGE OF PORT BURWELL hereinafter the "Licensor" OF THE FIRST PART and PEIvIBINA EXPLORATION LIMITED hereinafter the "Licensee" OF THE SECOND PART All and singular those parcels of or tracts of land situated on the East side of Chatham Street in the Village of Port Burwell in the County of Elgin and Province of Ontario as indicated on Schedule "13" of this agreement. The Lessee agrees to lease the lands for the period of June 25, 1996 to July 31, 1996 and leave the site in the same condition as it was prior to this lease agreement. The lease charge will be$4,O(X) ( four thousand dollars ) due in accordance to the attached invoice. That the lessee shall at all times indemnify and save harmless the lessor from and against all claims and demands, loss, costs, damages, actions, suits, or other proceedings by whomsoever made, brought or prosecuted in any manner based upon, occasioned by or attributable to the execution of these Presents, or any action taken or things done or maintained by virtue hereof, or the exercise in any manner of rights arising hereunder. In wit of the parties hereto have executed this 25th day of June, 1 6. 44 ` Pembina Exploration Limited Witness rYY�t�' . ,0". /4 R. Fr •, Adm • rator/C •rk-Treasurer Witness A 'om Nesbitt, Reeve Witness 1 r 0 chedule "B" o "11**114 J o i o •.44:1114P . I:._jr..`t ''11 . 4111 ILilliti°If\---' • Cr a s,\. • I :_ I . o. \T,1 7. f ----"P' hi 1.----_. ° ` .Oo° ,'"' , ,4 4: :: - 4-11c — , l 701:. f0,,,..,1, . . c.c.i 0 -1:ill ,.. � °„,,..tot v o o ;IAij0 � ° + iiia' ° 1,...T.Jp 4. i , °&? ir t;',..., 'it 0 olc' . . e • lik OPOU 0 U” _ " In � C:3,0OOQU ° 047b _ � CO001. A _ •Ilo 40 B o • ' rT • b 0 I v ro o ()Te 111 u - ��o 6 • ° o j ,, U / �, 0 0 - °O VO o :7,. a o • J 1 irn •_•i1- 0 ,,,,A 4 0. 6 0.\ lir,k m SK I ,��, vww.I Peel•Uia61 ` '0\ !j/%/'% ot 00 / ; rQAL P Ilaaw. ON 100.0 170 !I. 711 LAKE ERIE ,, SUBJECT PROPERTY PART 3, REGISTERED PLAN IIR - 990 'N\ - • a PEMB1NN1 Pembina Exploration Limited 953 Elm Street P.O. Box 98 Port Colborne, Ontario L3K 5V7 Telephone(905)834-4390 1996/05/23 Fax (905)834-4397 The Corporation of the Village of Port Burwell, , P. 0. Box 10, %,,..„..---• (- f it, � Port Burwell, Ontario. '\ "- NOJ 1 TO YiNiZ ATTENTION: David Free 4� 1POgA� j4 Dear Sir: ` C E 1 RE: 1996 PIPE PULLING FROM THE PORT BURWELL DOCK Pembina Resources requests written approval from the Village of Port Burwell to complete pipe welding and pulling operations on a portion of the property presently leased by the Village on the West side of the Harbour. Attached is a copy of a harbour survey that indicates the approximate right-of-way requirement. It is our intention to deliver 30,000 ft. of 3" pipe to the spot marked pipe storage on the survey during the 3rd or 4th week of June, to weld that pipe into approximately 2,000 ft. lengths in the first week of July along the right- of-way indicated, and finally to pull the pipe in the required lengths to offshore well locations during the remainder of that month. Our requirement from the Village is for a 40 ft. right-uf-way extending North from our North property fence line to the pipe storage and welding area where the need expands to an area approximately 200 ft. square. The total project is expected to be completed within 6 weeks of the date the pipe arrives, with about 4 days of that time dedicated to 8 hrsiday of welding. On the days pipe will be pulled into the Lake, welding is intermittently going on and most often complete during the morning. It is not our intention, at this time, to have any part of this operation taking place during the weekends but work will begin on favourable weekdays by 07:00. Any disturbance to the existing land grade along the right-of-way will be restored to the original condition when the project is complete. Please respond to our Port Colborne office as soon as possible with any concerns or stipulations the Village may have towards this project, any costs that might be associated with the clear right-of-way requirement and your approval, enabling Pembina to proceed with the necessary arrangements for a timely completion. Please contact me at the Port Colborne office for any further details. Yours trul kBruce Superintendent Diving & Offshore Construction BP:bm attach. Foe Village of Port Burwell ! Project 1996 pipehrung Correspondence 1913 diskb 18-ptburwel.bru JVE OF PORI 8,, -- •'' t �s THE CORPORATION OF THE •teVILLAGE OF PORT BURWELL ��4 1- PO.Box 10,Port Burwell,Ontario NOJ I TO =i ew,* telephone (S 19) 874-4343 • fax (S 19) 874-4948 -iirirsairm PORTUS UGI1.10 26, 1996 Pembina Exploration Limited 953 Elm Street, PO Box 98 Port Colbourne ON L3K 5V7 Attention: Mr. Bruce Petrochuk Dear Mr. Petrochuk Please find enclosed a copy of our By-law 96-34, being a by-law to authorize the municipality to enter into a lease agreement with Pembina Exploration Limited, as well as three signed copies of the lease agreement. Please sign and return two of the copies and retain the remaining for your 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 !► �` ria . •. Free, CET, AMCT ministrator/Clerk-Treasurer E ncls David R.Free,CET,AMCT • Administrator/Clerk-Treasurer The Corporation of the Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell, Ontario By-Law 96-35 0 Oa 3 /8 Being a By-law to amend By-law 96-04 being a by-law to authorize the Reeve and the Administrator/Clerk-Treasurer to enter into an Agreement with Brian Budarick of Doane Raymond for Audit Services for the fiscal year of 1996. WHEREAS the Municipal Act R.S.O. 1990, c. M.45, s. 86, as amended provides that every municipality shall by by-law appoint auditors for a term of five years or less; and, WHEREAS the Council of the Village of Port Burwell has passed By-law 96-04, being a by-law to authorize the Reeve and the Administrator/Clerk-Treasurer to enter into an Agreement with Brian Budarick of Doane Raymond for Audit Services for the fiscal year of 1996; and, NOW THEREFORE the Council of the Village of Port Burwell deems it necessary to amend Schedule "A" to By-Law 96-04 as follows: IN CONSIDERATION WHEREOF, Said party of the second part agrees to pay the Auditor for professional services rendered for a fixed fee in the amount of $8,453.00 inclusive of GST for 1996 fiscal year end audit with the option to commission the audit services for 1997 and 1998 fiscal year end and for$8,453.00 inclusive of GST, plus cost of living increase per Consumer Index if any. The Council of the Village of Port Burwell hereby directs the Reeve and the Administrator/Clerk- Treasurer to execute the amended agreement in triplicate attached hereto with Brian Budarick of Doane Raymond for the professional services as an auditor. This by-law comes into force and effect on the date of passing I Read a first and second time 25th day of June, 1996. -At ' Reev: Admi rator/Clerk-Treasurer Read a third time and finally passed this 25th day of June, 1996. Re e Adrnit� rator/Clerk-Treasurer 2 1 AGREEMENT THIS AGREEMENT made in triplicate this 29th day of April, 1996. BETWEEN DOANE RAYMOND and Auditor Brian Budarick of Tillsonburg in the County of Oxford 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 Tender for this work hereby agrees to furnish all necessary equipment, supplies, labour and other means for professional audit services and, to the satisfaction of the Council of the VILLAGE OF PORT BURWELL, 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 Policies and Procedures as adopted by Bylaw attached hereto 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 Audit services of Mr. Brian Budarick of the firm Doane Raymond for the Municipality of the Village of Port Burwell for 1996 and options for renewal for each year for 1997 and 1998. r IN CONSIDERATION WHEREOF, Said party of the second part agrees to pay the Auditor for professional services rendered for a fixed fee in the amount of$8,453.00 inclusive of GST for 1996 • fiscal year end audit with the option to commission the audit services for 1997 and 1998 fiscal year end and for$8,453.00 inclusive of GST, / "' 4.c.a-T 1 1 "p ,ceThis agreement shall ensure to t�enefit of and the binding upon the heirs, executors, __/ administrators and assign1 of the parties hereto. • IN WITNESS, WHEREOF, the Contractor and the Municipality have hereunto signed their names and set their seals on the day first above written. • / ditiftm(LIALL.: At. ': Sig :ture of Partner in Charge Witness &p.=iti. h ttrie4,t 400,44 Corporation of the Village of Port Burwell Post Office Box #10, 21 Pitt Street Port Burwell ON NOJ 1T0 z. / A Reeve Seal of the Municipal Corporation Adm..' ator/Clerl:-Treasurer ti • Chartered Accountants Doane Raymond Management Consultants Canadian Member Firm of Grant Thornton International June 7, 1996 Village of Port Burwell P.O. Box 10 Port Burwell, Ontario NOJ 1 TO Attention: Mr. David Free Dear Mr. Free: Please find enclosed the three copies of the enabling agreement that you sent to us. We have signed the agreements and added, as previously discussed with you, a line to permit up to an inflationary increase in the fee for the 1997 and 1998 years. We hope this meets with your approval. Once approved, and the adjustment initialled, could you please forward one of the copies to our office for our files. If you have any further questions, please feel free to call at your convenience. Yours very truly, DOAN AYMONp Brian Budarick, C.A. BMB:sib Encl. 22 Harvey Street P.O.Box 247 Tillsonburg,Ontario N4G 4H5 Tel: (519)8423604 Fax (519)842-2178 f 100 a7,11 Omrb BY-LAW NO. q6- r J O a ' {, A BY-LAW AUTHORIZING THE BORROWING OF MONEY TO MEET CURRENT EXPENDITURES OF THE COUNCIL OF THE VILLAGE OF 1?r ZLARIAf1.L (the "Municipality") A. In accordance with subsection 18711)of the Ontarks Municipal Act(the"Act"), the Municipality considers it necessary to borrow the amount of I c21-1-3,500w to meet, until taxes are collected, the current expenditures of the Municipality for the year (o B. Pursuant to subsection 187(2)of the Act,the total amount borrowed pursuant to this by-law together with the total of any 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 THEREFORE, the Council of the Municipality enacts as follows: 1. The Heed and the Tieasurer are 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 ("CIBC") a c,J sum or sums not exceeding in the aggregate 1 r 4" ,�. to meet, until taxes are collected, the current expenditures of the Municipality for the year (Including the amounts required for the purposes mentioned In subsection 187(1)of the Act)and to give to CIBC promissory notes or bankers' acceptances, es the case may be.sealed with the corporate seal of the Municipality end signed by the Heed and Treasurer for the sums borrowed plus interest at a rate to be agreed upon from time to time with CIBC. 2. All sums borrowed pursuant to this by-law, as well as all other sums borrowed pursuant to the Act in this year and 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 end 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 and preceding years or from any other source which may lewfuly be applied for this purpose, 4. The Treasurer Is authorized to furnish to CIBC a statement showing the nature and amount ol the estimated revenues of the Municipality not yet collected and also showing the total of any amounts borrowed that have not been repaid. PASSED this day ofc/.4(y / /rj'q dir/ . / AO Or 1 u(XaCIMIIr- 11 / SEAL} A Clrnx v I hereby certify that the forgoing Is a true and complete copy of the By-law numbered above of the Municipality In the Province of Ontario, duly passed at a meeting of the Council of the Municipality and that this By-law is in full force and effect. Dated this day of c c/ /525-2.4 Witness the corporate seal RAL} THE CORPORATION OF THE VILLAGE OF PORT BURWELL BY-LAW NO.ci -31 C a , 7 A by-law authorizing the Corporation of the Village of Port Burwell to enter into an agreement in the form annexed as Schedule"A" with the Ontario Clean Water Agency("OCWA")with respect to the operation and maintenance of the wastewater facilities and collection system located in the Village of Port Burwell. WHEREAS under subsection 10(2), section 11 and subsection 63(2)of the Ontario Water Resources Act, R.S.O. 1990,Chapter 0.40,as amended,OCWA may enter into agreements for the provision of water service or sewage service and the council of a municipality may,by by-law,authorize the municipality to enter into an agreement with OCWA for the provision of water service or sewage service to the municipality; AND WHEREAS the Municipality wishes to enter into an agreement with OCWA providing for the operation and maintenance of the wastewater treatment plant located in the Village of Port Burwell, including the collection system which are owned by the Municipality. NOW,THEREFORE,THE COUNCIL OF THE VILLAGE OF PORT BURWELL ENACTS AS FOLLOWS: 1. The Municipality does hereby authorize an agreement, in the form annexed hereto as Schedule"A"(the "Agreement"), with OCWA for the operation and maintenance by OCWA of the Works owned by the Municipality as described in Attachment 1 annexed to the Agreement; 2. The Reeve and the Administrator and Clerk-Treasurer be and they are hereby authorized to execute the Agreement and any other documents and agreements necessary or desirable to carry out the intention of the Municipality and OCWA with respect to the operation and maintenance of the Works by OCWA. READ a FIRST AND SECOND time thisyp, day of__„ (,/ 19 y,L j / ,/ •,,, Thomas Nesbitt, Da d Free, Reeve ; : inistrator and Clerk-Treasurer READ a THIRD time and FINALLY PASSED this7,%, day ofc 4. , 19 4 fill Thomas Nesbitt, DavFree, Reeve Adfninistrator and Clerk-Treasurer 5 of 5 originals June 28, 1996 The Village of Port Burwell, Box 10,21 Pitt Street, Port Burwell,Ontario NOJ 1 TO Attention:Mr. David Free Administrator and Clerk-Treasurer Dear Mr. Free: Agreement to Operate and Maintain the Village of Port Burwell's Wastewater Facilities We are writing to confirm the new agreement the Village of Port Burwell(the"Client")and the Ontario Clean Water Agency(OCWA)have reached concerning the Client's wastewater facility. OCWA shall operate and maintain the Client's Facility,described in Attachment One, upon the following terms: 1. The Services provided by OCWA: OCWA shall provide the Services,itemized in Attachment Two; 2. Excluded Services At the Client's request,OCWA is not to provide the services listed in Attachment Three. However, if the Client subsequently wants OCWA to provide any of the excluded services, OCWA will provide them after the Client and OCWA agree on the price. 3. Compliance OCWA shall perform the Services in accordance with this agreement and in compliance with all relevant laws,regulations and the authorizations described in Attachment Four, Part 1. 4. Duration of Agreement This agreement shall start on January 1, 1996 and shall continue in effect for an initial term of three (3)years and then shall be automatically renewed for successive three (3)year terms unless terminated under section 16 of this agreement. The Annual Price for each renewal term shall be determined under section 11 of this agreement. 5. The Annual Price in the initial term The Annual Price for the Services during the initial three(3)year term is as follows: (a) Year One: from January 1, 1996 to December 31, 1996 inclusive,the Annual Price shall be 581,600.00. (b) The Annual Price for Year Two and subsequent years shall be as describe in 5(d)below plus an adjustment for inflation calculated as described in Attachment Four, Part K. (c) The Annual Price includes all additional charges prescribed by regulation. (d) Year One: Based on fifteen(15)hours per week operations,routine maintenance, training and travel. Year Two 1997 price$73,100.00: Based on nine(9)hours per week operations, routine maintenance training and travel. Year Three and subsequent years price$67,800.00: Based on six(6)hours per week operational supervision,routine maintenance,training and travel. With the Clients operators providing the first level of call-in. OCWA would monitor the alarms and call the Clients contact person to respond.OCWA personnel would only respond when asked,or if the Client's staff was unavailable,the Client would be billed on a cost recovery basis. Optimization: where there has been a reduction in the electrical and/or chemical costs for a given year,and where such reduction or a portion thereof is attributable to plant optimization paid for by the Client,the Client shall be credited with that reduction at the end of the year in which it occurs.The reduction will be the difference between the electrical and/or Chemical costs in the given year and the corresponding costs in the previous year. 6. What the Annual Price Does and Does Not Cover The Annual Price for each year of the initial term covers all costs of providing the Services. The Annual Price does not,however, include the following amounts,which shall be for the Client's account: (a) any Capital Expenditures as set out in Section 8; (b) any charges for supplying new or increased services required by changes to the law, policy or certificate of approval; (c) any charges for significant increases in flows,as set out in Section 9; (d) any charges for major increases in flows,as set out in Section 10; (e) any charges for responding to unforeseen circumstances at the Facility or emergency situations(such as an overflow or flood), including Unexpected Costs as described in Attachment Four, Part B; (f) municipal taxes or grants in lieu; (g) any charges for expansions; (h) any charges for adverse tax changes in respect of the Services or the Facility,excluding income taxes payable by OCWA on its own revenues; 7. Invoicing and Payment of the Annual Price OCWA shall send the Client a monthly invoice. The Client shall pay OCWA the Annual Price for Year One of the initial period in twelve(12)monthly payments in advance on the first day of each month. In Year One of the initial period,the monthly payments of the Annual Price shall be $6,800.00. The first payment shall be due and payable on January 1, 1996. Payment shall be made by pre-authorized bank debit from a bank account designated by the Client. 8. Capital Expenditures (a) No later than October 31st of each year,OCWA shall give the Client a list and an estimate of the Capital Expenditures required by the Facility in the following year. The Client's approval of an estimate shall authorize OCWA to incur the estimated Capital Expenditures. (b) OCWA shall invoice the Client for the approved Capital Expenditures it incurs and the Client shall pay the invoice upon receipt. (c) The term "Capital Expenditures" means the charges for: (i) any new or replacement equipment; (ii) any overhaul or rebuild of equipment; (iii) any non-routine repair; (iv) maintenance,excluding day-to-day maintenance;and (v) any alteration; including any associated installation,commissioning and preselection charges together with OCWA's service fee for managing the project. (d) OCWA shall pay up to the first S5,000 of Capital Expenditures each year. 9. Price Adjustment When Significant Changes in Flows (a) If there is a significant decrease or increase in flow,as described in Attachment Four, Part N,the current Annual Price shall be reduced or increased,as applicable,by an amount calculated by using the formula in Attachment Four, Part O. (b) There shall be no reduction in the Annual Price where the decrease in flow results from a change made to the Facility or its operations,paid for by OCWA. 10. Re-negotiation if Major Flow Change/Expansion/Alteration (a) The Annual Price and the fixed price method of billing are subject to re-negotiation if: (i) there is a major decrease or increase in flows,as described in Attachment Four, Part N;or (ii) the Facility undergoes an expansion or alteration. (b) Section 10(a)shall not apply if: (i) there is a decrease in flow that results from a change made to the Facility or its operations,paid for by OCWA;or (ii) there is an expansion or alteration made to the Facility that is paid for by OCWA. 11. The Annual Price in renewal periods The Annual Price for any renewal period shall be as agreed between the Client and OCWA. If they cannot agree,the Annual Price for the renewal period in question shall be determined by the process referred to in Attachment Four, Part C. 12. Reporting by OCWA Annually,OCWA shall provide the Client with a Facility performance report,as described in Attachment Two. 13. Indemnity Given by OCWA OCWA shall indemnify the Client and the Client's employees,officers and agents in respect of any liability,claim or expense that arises from OCWA's negligence or wilful misconduct when performing the Services. 14. Indemnity Given by the Client The Client shall indemnify OCWA and OCWA's directors,officers,employees and agents in respect of any liability,claim or expense in relation to the Services or the Facility (including, but not limited to any non-compliance with applicable laws, regulations and authorizations arising from the Client not accepting the Agency's advice or recommendations),except where the liability,claim or expense arises from OCWA's negligence or wilful misconduct when performing the Services. 15. Insurance OCWA shall arrange for the insurance coverage referred to in Attachment Two,as part of the Services. The Client will be notified if there is a significant change in this insurance coverage. 16. Termination and Transfer of Land This agreement shall be terminated only as described in Attachment Four, Parts L and M. If OCWA no longer operates the Facility at the termination of this agreement,the following shall take place: (a) the Client shall arrange and pay the costs for any interest in land used exclusively by the Facility to be transferred "as is" from OCWA to the Client; (b) OCWA and the Client shall pay all outstanding amounts owing to the other under this and any other agreement relating to the Facility. 17. Attachment Four: General Provisions The general provisions set out in Attachment Four shall form part of this agreement. 18. Prior Agreements Any prior agreement between the Client and OCWA shall be dealt with as described in Attachment Four, Parts P,Q,R and S. If this letter reflects your understanding of the agreement with OCWA concerning the operation and maintenance of the Facility,please show your agreement by arranging for all five(5)copies of this letter to be signed and dated in the space provided below by the persons authorized to sign contracts for your municipality. When signed by your municipality,this letter shall create a binding and legally-enforceable contract between us. When signed,please return all copies of this letter;we will arrange for two fully signed copies to be returned to your office.. • We appreciate the opportunity of entering into this agreement with you and look forward to a mutually-beneficial relationship. Yours truly, ONTARIO CLEAN WATER AGENCY BY: Jim Merritt,Vice-President, Fausto Saponara,Vice President, Administration Operations and Chief Financial Officer We AGREE TO AND ACCEPT the terms set out in OCWA's letter andinAttachments One, Two,Three and Four this ?� day of LZGy : E CORPORATION OF THE VILLAGE OF PORT BURWELL I Al „ ..2010/411 Xmas Nesbitt, Date of Signing eeve ree, Date of Signing a � Administrator and Clerk-Treasurer Please affur Corporate Seal Attachments: One,Two,Three and Four ATTACHMENT ONE TO THE LETTER AGREEMENT BETWEEN THE CLIENT&OCWA The Facility: Description,Street Address and Legal Description Part 1.Description of the Facility For the purposes of this agreement,the Facility is comprised of the following: The Village of Port Burwell is served by an extended aeration Wastewater Treatment Plant, comprised of aeration,clarification,disinfection and sludge disposal,also included is the collection system with three pumping stations and a sanitary sewer system. The operations are in accordance to C.of A. # 1-874-84-006 which covers the entire plant,the main pumping station and pumping stations 1,2, C. of A. #3-2174-88-006 which covers effluent pumping station. C. of A. # 1-783-82-848 for the collection System Part 2.Street Address of the Wastewater Treatment Plant and Pumping Stations Port Burwell Wastewater Treatment Plant Part of Lot 10,Concession 1 RP 11 R-2446 in the Village of Port Burwell Ontario The street address of the pumping stations are as follows: Pumping Station# I Brock and Hagerman Streets. Pumping Station#2 Union and Erieus Streets Part 3.Legal Description of the Lands on which the Treatment Facility is Situated The location of the Wastewater Treatment Plant is as follows: Part of Lot 10,Concession 1 RP 1I R-2446 in the Village of Port Burwell Ontario ATTACHMENT TWO TO THE LETTER AGREEMENT BETWEEN THE CLIENT AND OCWA The Services The following are the services referred to in Item 1(a)of the letter agreement: [Note: The following list is as complete as possible,but is not intended to be exhaustive] 1. Operating Duties OCWA will perform regularly scheduled inspections and carry out associated operational duties at the Facility, including all related equipment,buildings and property to ensure that the Facility is operating effectively. Specifically,OCWA will: A. Wastewater Treatment Plant • routine inspection of plant equipment(as described in current C. of A.)to ensure proper operation; • check bar screen operation and remove debris; • observe operations of clarifier and check scum pit level; • all daily operational decisions including changes to meet compliance and budgetary goals; • ensure proper mixing and aeration of activated sludge; • check chemical addition points for operation; • monitor U.V. system operation; • check operation of R.A.S. pumps and do the wasting; • observe operation of alum system,check for leaks and tank levels; • enter all pertinent information on reports and daily logs; • hose down weirs and channels as required; • do minor repairs; • test all alarms monthly and do hose safety inspections; • clean buildings,equipment,and tanks as required; • investigate sewer complaints,do sewer locates and inspections. • provide staff training. B. Wastewater Collection • check pumping stations,ensure working order and monitor alarms; • routinely monitor wastewater collection system for infiltration, illegal connections and illegal discharge of contaminants to system. 2. Day-to-Day Maintenance OCWA will provide day-to-day maintenance of the Facility in accordance with industry standards and equipment manufacturer's instructions. Specifically,OCWA will: • carry out a routine lubrication program including greasing and oiling as specified in the lubrication schedule; • perform maintenance duties to equipment by following the preventive measures procedures; by checking machinery and electrical equipment when required and overhauling of equipment;and • maintain an inventory on all equipment and tools;and • ensure the security of the project by locking doors and gates. 3. Capital Improvements • OCWA will record information on the frequency of equipment breakdown and repair costs to determine replacement needs. Parts of the Facility requiring upgrading or Q_ 3 Y• tt N 4 y +: I ,.ter t r 3 •\r �,ee further undertakes, in the event of it being found necessary :•++•f);,,4i-in order to prp et= • r ad 1pdpr property of the Railway Company, to remove said pipe or " •"eyto make aay chaagea:3p, a atii ;thereof, or in the location or manner of laying, within one week after the receipt;of.notice eo to•do, and should the Grantee fail to make such changes within the time specified,pr should any damage be caused at any time to the ro: l-bed pro crt• the uT��er �� tra}c s ofad roadb •-••a`Railway Company,by reason of the construction or maintenance of say pipe^ '''F the .Railway Company;`the Railway Company may, if it considers it to be necessary, without giving any notteeOut.the said pipe and drain off the Gas •-------'------- ;3: . C coming therefrom; and in no event shall the Grantee have any right to claim damages from,the Railway Company on account of the removal of theupiyndeer rAP^e$tracks a. roadbed i,.of thehRailway ,Cgpany, or on account of the said pipe being cut and the flow t :.t1of 3, Gas : ;„ ' 'Y ,rrobstructed,.or for any expense which the Grantee. may be - Hyl`"put,to,ia±,order;tore.connect%the, said pipe or make good any damage caused thereto by the • ,-;i:;!:.4 -:,.•.;,. > i acttont`of3the..Rarlway.',Compaiy. as aforesaid, and the Grantee moreover agrees to hold the -.f:,. ailway-Cumpanyparmlea,,and,indemnified against any loss or damage which the cutting of ,), ,,,. ,.tbe,pipe.'may cause;to•the property of any third party, and for which the Railway Company :4>•*•;Yr '+-,pnayt be held responsible t • 5th. QEtat. the Grantee shall not be permitted to do any work on the property of .;: — y,4'•:the jtailway Company,either towards laying the said pipe or at any time maintaining the same, without being first granted permission by the General Superintendent of the Railway Company -'."-;::•:.t?' t:�•ki'.: to.,do such workT and after permission has been granted, all such work shall be carried on by :.the Grantee, or'.by'•4r4t/servants or employees, under the control and supervision of the 'person named by the Railway Company to supervise said works, whose orders and instructions shall .be strictly followed, and whose expenses shall be defrayed by the Grantee. But such supervision of the person named by the Railway Company shall in no way relieve or excuse the Grantee from the responsibilities or duties which are hereinbefore assumed and undertaken by S.4r. - 6th. Viet the permission and privilege hereby granted, is not, and shall not be at any time transferable, and in the event of the right so granted being sold, or let,or transferred in any ':•. V •way to any person or persons, or corporation, without the written consent, previously obtained, ;", of the Railway Company, the Railway Company shall have the right to at once remove the said 'pipe from off its premises, without being responsible or liable for any damage caused to anyone •: ! thereby, and the privilege hereby granted shall thereupon cease and determine. 7th. THAT the Grantee shall pay to the Railway Company, -.°;, upon the execution of this Agreement, the sum' of Three dollars , for the privilege hereby granted and to cover cost of drawing up this Agreement. / \ 'y• rhi P A W J D ti • {:F • in ; ' -.:t.•'R T� fin. ✓ .t, „ teff t. ..1t ' e- v. r• • 'toot .r' .n d,1 ,f,••••.... . i. = ye` r stili :. ',j J ,:7 �' ..;,W�TNESSft r•oratereal of the Railway Company and the signatures of its officials L:,:-.;'''n, ,...4'g below,named aD t ”{ 0 f M f•M r.�•+ � .',•''F1[�;I orporate ------- Seal of the said Grantee. ,r r , " Aad`the signatures'of its officials below named. THE CANADIAN PACIFIC RAILWAY COMPANY, (116 11111 ILL-4k. �;_ •: /1 • v,,. President. I l_cip_______624_4...._...._4 •.' cV^ s'�>!'..0 (":iak •"'�! !' `�e' Acting Ati(l4Rfif ,�CCCCtarj. • �t�i'SIDNLD• Sl�I�D 1ND LLIVLRLD • . f +ti ` � . 1P•, t.r rlG ,9 �!zas iasazxcso� .••''.7:-/15.:10-• t , The Central Pipe Line Co., Limited, .7:tr-et A,,,q.41A) 4. , ._ ::: : _. ,_.,:„..., . , , President w Secretary 4' - •. . . 41'' , :.,--. 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' >j- •71•72'-',.�2± 4,•- _.. �i.,CM L1.'r (,., 1- .. ......b.".:..._.._......b.".:.. _.._ --- -..".�\ .y..-.JFK.-K • .1„..;.‘ t 4�, , '7. s C N MCI/IC QAItWAY COAHr t Compuolier's No. nc 4 , , 4�, '..".::::e-,7.-. SCHEDUL "� ,nR r .� ,.v^ /a1 17 N' f n z. �, n4= n ). MO'JTRRAI., ..C..h :.epterbor 101 1 •r• •.r.i • To.THE ASSISTANT COMPTROLLER. i.'q' 7; `it. , i Ttie following property has been leased by the Company:— R' .•S *@ To .Centrsl Pipe Line Conry t.. Ltd. , r '.y r , ` ,•Addrea 2 :: Ilia;t r 1 ,r 1 t'.a ,O 1':. • Descriptiou of property ::;;reoz.ent (;rant inf., t''.C' pnrr:i:;Cion to lay . Corti in two inch Las pipe under tl':: kz Lnd rod bel of Station Hy.Co. e.t Port Burwell,(int. :.ate)- ca�..,_, , �. Begins 3rd July 1J1' v 8 Expires ^ernin,hlo or nc'tico. , Rent t k x ;;3.C . t- cyv^r t' r -.Y2 t, of ar"rin^ up t!le C cionilnort.n. Y Payable Unon CKArltlkj^n 04' t',^ ...•,..onT•;n'; `Taxes, payable by L(tl3r`r. t� Remarks `s ' MICROFILMED UNE COPY TO H. 1R\VIN 24-/ / 191) 7A;sL,r.{'+r SBCRKTARY. 3.050:;3. Secretary's Correspondence No, 7,777-- •i.7.. , • i • • • IZ • ti i • ..ite.,-:,...:J..;. ..,-,..,,,...,:4-,..„.„......,4,,,,...:1..t. ,.,:i;e. ,. or ( ... ....:,....v........f.,:4,.. :::.,:./.:_,)1. ...".(,:$6-'..;t; . / 1.10 2 "y.,.Agroomont as to'Plosio* Form 304 • `0....1,...:-,:. t• •1 - i': .- his;agreement made in duplicate this Third • ?i,,t y day of,1.',"' Ju1y : 191 1 >r° ;I between the CANADIAN PACIFIC RAILWAY COMPANY, hereinafter called " the ^Railway Company, of.the First Part, and �.._ :TEE- CFSITR,a pipg 7.INR C0 '1PA.2TY.LI3:I TED. �: I lti tt E'�E3RltIr�fS.LOMPAlit- ilti-TED-i - . 'of. >'iagara Falls`;in'_the bounty of Welland and Province of \ Ontario • %o I L hereinafter called the " Grantee," of the Second Part \\ WITNESSETH : trfiat IDllereas the Grantee has applied to the Railway Company for permission to lay a certain ,.:,— ..... Citi • •• • • - • . . . - two (2) inch Gas pipe .under the tracks and roadbed of the railway of the Railway Company \\ -Where said tracks and roadbed cross Bridge Street, in the Village • of Port Burwell, Township of Bayham, County of Elgin and Province of Ontario 0 F. a with profile as shown in Red on the plan/thereto attached (which is hereby declared to be part of this agree- ' ment) and to maintain and use the said pipe for the purpose of conveying gas . Anb Mitt-eras the Railway Company is willing t„ grant the said application, and accord,to . the said Grantee the privilege of placing and laying the said pipe • 1•i l ,.t. .--.1 under its tracks : road-bed, subject solely to the conditions hereinafter set forth. . . Now thsrseors this Agrssmsnt Witnesseth: • 4 - 1St. ttliat the RAILWAY CoM1'A\Y, hereby grants to the Grant! tghe ,crniissi n and privilege of placing and laying the said pipe •••• ,'••• t—p--,':• "'"1 under YLTit gdiet of the Railway Company, at the point hereinbefore mentioned, and further accords to the Grantee the privilege of maintaining the said pipe so laid for the purpose aforesaid. • •2nd. tZl of in consideration of the permission and privilege hereby granted, the ,Grantee hereby agrees to indemnify and save harmless the Railway Company of and from all s •_,.11.-•i :damage or injury which may be caused to,or sustained by,the said road-bed,or any part thereof, ..°'' `�.• -��` or any of the rolling!tock or other property of the Railway Company, and of and from all claims •: • for damages, and all expenses incurred in connection with d,rcnding the same, which would Ls' '''-'• not otherwise have occurred or ariserL but afo the laying or maintaining of the said pipe so g. ,.-: placed underrAtte road-be of the Railway Company. • w. �''• f' "'3rd. Etjat the Grantee further undertakes to indemnify and save harmless the Railway Company in the event of any damage being caused to the said pipe either by frost - or by accident which may occur on the railway, or by any other cause, and also to bear and suffer all such damage, and any loss or damage which may be caused to the Grantee through any stoppage in the flow of Gas through said pipe from any reason or cause �^ .whatsoever. cs" i 4; A _ n � f q1 ' � • ._e ►'•. r , • •••...e. !rik•.fid. �., .,-•:-.,!:1-,.., - ' ![ y _ - - • • 1 i., ..---NN 4 /f.Cii �J NY . , \\\. . • -4, ..---',,.r.":••'•;t•;.• , ,, . . _01 • • :.••.,; . „..,...s.,,,,......,.......:0,...,............„..„...: ::' -v, . ..-.,--,,,,,,. • 0 , -' • • . ---_-_-"-- , . N . • 0 • NSON ST ;;: .... - / mac..e. . � A .- 1 • , ‘4 's i .. . . <> V • bo, ; iV • . I t • • N • 9 li .11: 1 EURIUS ST I 1 N 1 7 r. ' • 4th. Qttatthe"Grantee further undertakes, in the event of it being found necessary other to.,,pro} t ad-bed or property of the Railway Company, to remove said pipe or u;,4•,• �-to make any changpe'}nAhe atse;thereof,or in the location or manner of laying, within one week _ aSterthe receipt Afjno `so to do, and should the Grantee fail to make such changes within the time specified,or should any damage be caused at any time to the road-bed or property of the fl tj.h rc}� gad roadbc Railway Company:by reason of the construction or maintenance of 8TIA pc,�.. . a L. p o the Railway Company,the Railway Company may, if it considers it to be necessary, without giving any notice, cut the said pipe and drain off the Gas -- coming therefrom; and in no event shall the Grlutee eve a v n ht under he rac and road to claim damages from the Railway Company on account of the removal u he pipe rornA the property of the Railway Company, or un account of the said pipe being cut and the flow of Gas obstructed, or for any expense which the Grantee may be • ;jut to in order.to're-connect the said pipe or make good any damage caused thereto by the raction of the Railway Company as aforesaid, and the Grantee moreover agrees to hold the Railway Company harmless and indemnified against any loss or damage which the cutting of the pipe may cause to the property of any third party, and fur which the Railway Company may be held responsible. 5th. Elicit the Grantee shall not be permitted to do any work on the property of the Railway Company,either towards laying the said pipe or at any time maintaining the same, without being first granted permission by the General Superintendent of the Railway Company to do such work; and after permission has been granted, all such work shall be carried on by the Grantee, or by its servants or employees, under the control and supervision of the person named by the Fkailway Company to supervise said works, whose orders and instructions shall be strictly followed, and whose expenses shall be defrayed by the Grantee. But such supervision of the person named by the Railway Company shall in no way relieve or excuse the Grantee from the responsibilities or duties which arc hereinbefore assumed and undertaken by tt 6th.'trttat the permission and privilege hereby granted, is not, and shall nut be at any time transferable, and in the event of the right so granted being sold, or let, ur transferred in any way to any person or persons, or corporation, without the written consent, previously obtained, of the Railway Company, the Railway Company shall have the right to at once remove the said pipe from off its premises, without being responsible or liable for any damage caused to anyone thereby, and the privilege hereby granted shall thereupon cease and determine. 7th. THAT the Grantee shall pay to the Railway Company, upon the execution of this Agreement, the sum of Three dollars for the privilege hereby granted to cover cost of drawing up this Agreement. • • W � WITNESS the Corporate Seal of the Railway Company and the signatures of its officials , below named, and the Corporate ---- Seal of the said Grantee. and the signatures of its officials below named. THE CANADIANPACIFIC RAILWAY COMPANY, qb, e vic: President. r J. f-C---6:264_,..,0,4t i SIGNED, SEALED AND DELIVERED • itf Z L,21N THE PRESENCE OF --ikiiiii-imiaia44-Nazulimp.rmisi.GebsidaffefidaitE The Central Pipe Line Co., Limited, • :______L6- President ia j� IS _X L Secretary 14, 1 „ ,,,,T W J , SCHEDULE '� " � 57.-(.13 File No L-3-PB-32.74 CANADIAN PACIFIC LIMITED AGREEMENT POR THE LAYING-OP PIPE LINES, WATER PIPES, SEWERS ETC., UNDER RAILWAY LANDS THIS AGREEMENT made .in triplicate this 2nd day of Decembe 1991 to be effective October 1, 199( BETWEEN CANADIAN PACIFIC LIMITED , hereinafter called the "Railway Company", of the First and ONTARIO MINISTRY OF ENVIRONMENT hereinafter called the "Applicant", of the Second • Location WHEREAS the Applicant has applied to the Railway Company for perm:_ to construct and maintain under railways lands a 200 mm diameter watermain located °'21/1 ‘ 4 „ ! Z.. at Mileage 32.74 Port Burwell Subdivision (abandoned) / �l as shown on the plan No,L-3-PB-32, 74 hereto attached, dated 31st day of Octobc INITIALS ✓1991 which plan is hereby declared to be part of this agreement. NOW THEREFORE THIS AGREEMENT WITNESSETH and it is hereby ag by and between the parties hereto as follows: Designation 1, That for the purpose of this agreement the said 200 mm diameter watermain shall be known and designated as the "said we Construction, 2. That the Railway Company hereby permits the Applicant to const' maintenance maintain and repair the said world under the Railway Company's lards and railwc and repair aforesaid subject to and in accordance with the rules and regulations of the Cana Transport Commission now mode or which may hereafter be made in reference ther and to the terms and conditions of this agreement. Work of 3. That any work of supporting the Railway Company's tracks or strut c supporting or of protecting train movements mode necesary by the construction, maintenanc( tracks repair of the said works shall be performed by the Railway Company and the AppU shall pay to the Railway Company the entire cost of all such work forthwith upon rec of certified accounts therefore on the basis of cost plus labour overheads as ma) currently applicable and as set by the Railway Association of Canada, and materiel hanc cost as may be currently applicable on the Railway Company. Placement 4. As directed by the Railway Company or required by the applicc of signs Commission Order, that the Applicant at its own expense shall install and maintalr locations satisfactory to the Railway Company, signs prominently marking the said we and their distance underground. .&tpervisfon 5. That the work of construction, renewal and repair of the said wort sr 7:711 be subject to the supervision of a representative of the Railway Company whose instructs: shall be strictly followed and whose wages and expenses shall be paid by • v.•licc but the Applicant shall not thereby be relieved from any of Its oblige • agreement.. The Applicant shall give to the local Superintendent of the • •t�way•C pc 40 0 00 • at least forty-eight hours' notice in writing of intention to do such work, which notice period shall not be deemed to include, Saturdays, Sundays, and statutory" holidays. When' construction, renewal or repairs have been completed, the property of the Railway Compton; shall be restored by the Applicant to its former condition, and the Applicant shall at al. times maintain the said works in good order and condition and to the entire sottsfactior of the Railway Company. -unity 6. That the Applicant shall at all times wholly indemnify the Railway Compton,, from and against all loss, costs, damage, tnjury and expense to which the Railway Compan; may be put by reason of any injury or damage to persons or property caused by the stoic works or by any substance being carried in the said works or by any works herein provides for, or by the imprudence, neglect or want of skill of the employees or agents of the Applicant in connection with the laying, maintenance, renewal, repair, moving, alterinc or removal of the said works, or the use thereof, unless the cause of such loss, cost, damage injury or expense can be traced elsewhere, the burden of proof whereof shall be upon the Applicant. wt's 7. That +bjec.t to e:nd in confirmity with any rules or regulations now o. oyees on hereafter in force governing railway employees, or the operation of railways, the Applican ..ay and the agents and employees of the Applicant shall have the right to enter upon the land: paty's of the Railway Company at such times as may be necessary for the purpose of the 1ises construction, maintenance, inspection, removal and repair of the said works hereir contemplated; and that all persons so entering upon the lands of the Railway Compan; shall assume all risks of and the Railway Company shall not be liable for any.injur (including injury resulting in death) loss, damage or expense to such person or his propert: while on the lands of the Railway Company, and the Applicant shall indemnify and save harmless the Railway Company against all claims and demands arising or resulting frorr any injury (including injury resulting in death) loss, damage or expense in connectior therewith. alt 8. That if at any time during the continuance of this agreement the Applican• shall neglect to do such work of repair or maintenance as in the opinion of the Railwo: Company is necessary, the Railway Company may carry out such work of repair o maintenance itself as agent of the Applicant, .and the Aplicant shall pay to the Railwa: Company the entire cost of all such work forthwith upon receipt of certified account. therefor on the basis of cost plus labour overheads as may be currently applicable arc as set by the Railway Association of Canada, and material handling cost as may be current!: applicable on the Railway Company. 9. That the Applicant shall indemnify the Railway Company from and agains all taxes or assessments of any description whatsoever levied by any authority in respec of the said works herein contemplated. 10. That the Applicant shall pay to the Railway Company as compensation for the permission hereby granted the sum of $90.00 for the first year; $10.00 each year thereafter, payable in advance on the first day of October in each year, during the tjpn i.s continuance of this agreement, provided that on the termination of this agreement b; either party hereto during any contract year, there shall be no prorota adjustment oL sucl sum. .ring or 11. That should the Railway Company at any time desire, or be ordered b; 'ration the Canadian Transport Commission, or other authority having Jurisdiction, to make sucr changes in the Railway Company's tracks, structures or facilities as would in the opinto, of the Railway Company necessitate the moving or alteration of the said works,hereir contemplated, or should the Railway Company desire to build on the property crosses by the said works, or use it for any other purpose, or deem it necessary in order to protec its tracks, structures or property to make any change in the location or construction o said works, the Applicant shall at its own expense and to the entire satisfaction of the Railway Company perform all such work of moving or altering or carrying out protective measures to safeguard the said works as may be necessary within one month after receip of notice so to do, and should the Applicant fail to perform such work of moving or aiterini within the time specified the Railway Company shall have the right to do such work a agent of the Applicant and the Applicant shall pay to the Railway Company the`entire cost of all such work forthwith upon receipt of certified accounts therefor on the bass of cost plus labour overheads as may be currently applicable and as set by the Ratiwa As.ociotion of Canada, and material handling cost as may be currently applicable on•the Railway Company, and all the provisions of this agreement shall apply to the said-Work while being moved or altered and in their changed condition or location and to the parties hereto in respect thereof. z �+ �' � T • • • ssign t 12. That the Applicant shall not assign, transfer or dispose of this agreem, or of the rights and privileges conferred thereby, without the consent in writing, rt obtained, of the Railway Company. -ermfiation 13. That this agreement shall continue and be enforce for a period of one year from the date hereof, and from year to year thereafter, subject, however, 'termination at any time by either party giving to the other party a written notice nam therein a date at least three (3) months from the giving of such notice upon which t agreement shall terminate and on the day so named in such notice this agreement ( 4q4 all rights and privileges thereunder shall come to an end, provided that notwithstand •-li •/7, such termination the Appltcnt shall continue to be liable to the Railway Company uriru►us all payments due and obligations incurred thereunder prior to the date of such terminate The notice above mentioned may be given by mailing it postage prepaid and register addressed to the Superintendent of the Railway Company in the Division In which said works Is located, or to the Applicant at the address mentioned above. • +greement 14, That this agreement shall, subject to clause 12 hereof, enure to the ben' vding of and be binding upon the parties hereto, the successors and assigns of the rain .ccessors Company, and the heirs, executors, administrators, successors and assigns of the Applican nd assigru •emoval of 15. And that upon the termination of this agreement the Applicant shall. :orfs requested by the Railway Company so to do, remove at the expense of the Applicant said works from the lands of the Railway Company, and restore the property of the Rail,. Company to its original state and condition; provided that the Railway Company rn at its option, perform such work as agent of and at the expense of the Applicant anc either case, the conditions embodied in paragraphs 6 and 7 hereof shall remain applicc and effective until such time as all work to be performed by the Applicant or by the Rail,. Company as agent of the Applicant as provided for in this clause shall have been carr out to the entire satisfaction of the Railway Company. IN WITNESS whereof the parties hereto have executed these presents. CANADIAN PACIFIC LIMITED rAg Vi Presid A istant-Secret Applicc ONTARIO MINISTRY OF THE ENVIRONMENT -- **72f Signa t ORMCH (Witness for Applicant) NOTE: Any reference to the Canadian Transport Commission is also one to the National Transportation Agency. 11. IN ADDITION to the amounts due to the Railway Company under this Agreement, the Applicant shall pay v) the Railway Company any value added, sales goods and services, or similar tax which may be imposed on such amounts pursuant to any Federal or Provincial Legislation which is or may be enacted. C5< <tiif P W • J DD • SCHEDULE . ` 00 3831 p R C- 14 CR5 File No.lo-2"113,45.6lee CANADIAN PACIFIC RAILWAY COMPANY AGREEMENT FOR THE PLACING OF POLES AND WIRES ON RAILWAY LANDS CROSSING BUT NOT PARALLEL TO THE RAILWAY day THIS AGREEMENT made in duplicate this 21st effective the ay of november , one thousand nine hundred and 72 , to belet day of Dace,.ber one thousand nine hundred and 72. BETWEEN: CANADIAN PACIFIC RAILWAY COMPANY. hereinafter called the "Railway Co the First Part; CANADIAN PACIFI 'PROVED/ and i " The Hydro—i_loctric Power Commission of Ontario of the City of `Toronto and Province of Ontario hereinafter called the "Applicant", of the Second Part, MIWHEREAS the Applicant has applied to the Railway Company for permission to place and main- tain a power transmission line un, upon, over and across the lands and railway of the Railway Company at Mileage 25.6 ;' Con. LT.R. in the Province of Ontario Port Fsurwell S.D., Lot 126�,��," VIl'i VeRholge ' tFAY'4bl ciftl*PaR hereto attached, and the Railway Company is willing to grant "� �tapplication, subject to and upon the terms and conditions hereinafter set forth. the said WITNESSETH: the right to place one (1) poles 1. THAT the Railway Company hereby grants to the Applicant and anchors and to stringeeven (7) wires,carrying an electric potential of 27,600 on, upon, over and across the lands and railway of the � l� volts, and e320�4� volt circuits in the afort>laid Province �i L 3 Railway Company at Mileage 25.6, Port Burwell Subdivision;� :._ . at the location shown in red on the said plan hereto attached, dated November 7th, 1972 bearing No.77579 DAD and prepared by Applicant .-•,,:;:;'Ft) which plan is hereby declared to form part of this agreement, the said plan being signet) by the parties i hereto for identification. 1.-C-.1-(7,. granted- : THAT the Applicunt shall pay to the Railway Company for Dollars pe mssper onyohereby or part r nyear � �. , . ($5.00 the rum of Five Gallate day of December to S�yrti� l�� payable in whence uu the first Airy • • 3. THAT for the purpose of this agreement the said poles, anchors and wires shah be known and designated as "the said works". he 4. THAT the said works shall be strong and ryritable in everyrespect for t strung purposes ich they are intended and shall, at the sole cost and expense of the Applicant, afterwardsregulations, maintained in a thoroughly substantial manner and in accordance awithcandasu jetined in to General rules, reru of the term, conditions and specifications adopted and confirmed by ilk Board Transport Commissioners nada i 773 d any add from time to time be made Boardgoernng the saidworksandanyamendments or additions thereto or substitutions therefor which may from time to time be made by the Board. 5. THAT should the Railway Company at any time desire to,or be ordered by the Board of Transpway ort diction, to make such Commissioners for Canada. rortfaciliaties astwouldn ng ,theeopii ion of the Superin endent of the in the Railway Company's tracks, structuresr on of Company, having responsibility therefor, necessitate the movingn alterat to tprotecttthevtrackaorks hstructures con- templated or any part thereof, or should it be found necessary or ifproperty the RailwaySuperintend nmpany to m is not satisfied thatke any change in e location or said works construction of the said works d strung and tr if at any time the said1 shall, at its own risk and expense, and main- tained as required by Clause 4 of this agreement, the Applicant to the entire satisfaction of the Railway Company, perform all such work of moving or altering as may be necessary or required by the said Superintendent within the time specified by the said Superintendent,anhe d should the Applicant fail to perform such work of moving or altering 1 within thellt e soy specified, ci ed, the Railway Company shall have the right to do such work, and the App Company the entire cost of all such work forthwith upon eipaofnd artifiweed ayccounta thRahe efoAosothe basis of of cost plus labour overheads as may be currently applicable Canada, and material handling cost as may be currently'applicable on the Railway Company, and all the provisions of this agreement shall apply torthe said a wirksctth while being moved or altered and in their changed or location and to the parts r 6. THAT the Applicant shall indemnify the say autlwy oty inyreap at and th againstsaid works herein assessments of any description whatsoever levied by contemplated. 7. THAT the title in the said works and other property of the Applicant placed on or affixed to the lands or property of the Railway Company, shall remain in the Applicant who shall have;the right of removal thereof in the event of their use being discontinued for any cause. 8. THAT the Applicant shall not assign or dispose of this agreement, or of the rights and privileges conferred thereby, without the written consent of the Railway Company. 9. THAT this agreement shall remain in force until terminated by either l a otparty as herearty eaf ter pn notied. Either party hereto may at any time terminate the agreement byy givinh nog to tuhen owther rcp this agreement ohall naming therein a date at least three months tram the giving and all rights and privilegesm granted terminate and on thc'iay so named in such notice, this agreementApplicant make default t any hereunder shall cease and terminate. Provided, however, that should the App perform and time in the payment of the rent hereby reserved or fail or neglect at an•time to fullyobserve, ompany keep all of the covenants, terms and conditions on its parttlhereineApplicantin ed r tthug ten accordihe lw y. Provided may forthwith terminate this agreement by notifying further, that notwithstanding the termination of this agreement in auy manner hen i dueprthatovided dbfor ,t the Applicant shall be and remain liable to the Railway Company for all paym s and liabilities incurred on h hereunderpartof uto tlicante date to be obserydtermination performed upon orfulfilment suchall termination. herein contained on the part of the App 0Jy I)AIA"4 388'R' - .. - n -- POLE FRAMING: scamp 1 m — mf: i7raar �I +- e a a • r e r al n aar 117 av it •)/•ear i�� au.s its : =: 1 u U U so' •c Cl 'THIS. : role I .OLL e +o' .c c 'THIS. IS THE P' :i r;:.FE(`QED D CLQ:U�!EN1 • I• C.IN THC TAH, . � ,/• . v a:r• ., w• • .. - _!.LANA • Y - I , I/O lC-• 1•••• rY-r• n / I + ssaa •r.c.r.u. �•o 0. •Y..• • •r\ .....„, at•er .- • •. a a •i ..)(// S. • �� 13r ;upolementrY Leans Paten! Mo NM '•C:naa,an P•clt,c Radwir. Con'ary• Nal i • Leen chas=ed, and sato nsnz •Inrt ror / , I a71 ` f• I '_• +acrt,c ,harem shall per=r`o=-C.'�.:n (\ r i �t • PKtIK Lrrrlted-. ..�,e••••=Mrra.s�,,maiji LOT 1ti LOT MO a ,` ����� ! Cale CON NIR EAST ELGIN ARCA -----._ -- -- 00 04TR �� % !r �, '11=111111111111111/11111.111111.:--�rr�101rP• t ••• — -- S`.��I/ TP OF BATMAN NW 062 •f/Zi/Zi TP Or SATURN '' ��I COUNTY OF ELGIN N EP c 2 i,600 VO7,..2s_Pef_iXR-L. 11414.....1 000 ►OLE TRANSMIt .720/.BOO VOLT IMARYfEEO ERCROCOUNTY OF ELGIN �� '� _�•� C4NAOIAN PACIFIC E6R APN i CANADIANPACIFIC RANIw AY, LOT Iti , CON. N.T.R.,40 + + —� I T►. OF iAYNAY ,COUNTY OF•EL61N..% ,.� ►" . :►: ^, s ..i[ltlt • r Mel :SOA�_ �M!.- THE HYDROELECTRIC POWER COMMISSI a `wlINE3 _ ���• •,- a II• ONTARIO :rlo�T,ls� Iw aZOFt0�-i1i3-isi_-y ��c; �i-�-+-;<a_...-------':-- "- i\ i'� ,=�-- - 77376 77376 ORO I. DATA" 88yo' POLE FRAMING: Scale I in = ioh . - 1 57 4 sY • 1 t . -- ,�ll-Sly — 27 a[Y.NI r �E7 4[Y. al. I A. I co-' (s" a ] 1 A / _ !- 331•4 Y.C.M.al.11.7/0 of SeI • 1111 a.7/•e 4"3 _ / G-5/.6- i Of UY] aT , I 1 133/4•• wOhl o Ir im I s OC' • _ r it.-.1: I' Y •' = Y2I f2-s/••curs aT Is' • i e • Y I a 4i_ a �•- i° , Y P O L E I •O l E E _ ' -I ` . . I... `c H • \�J . I • . . S 0.t C. !0•tC. J LJ • ' I ^I L • POLE 1 POLE E so' •C CL.] SO' •.C. CL. THIS IS THE P'.A:1 REFERRED .. DOCUMENT •r- rc. .:.ss 70 IN THE AT 117.,..-IED COC _ - - • sib :r •3 t.o_ a a a-a 11.•4 Y.C.Y.AL. •loo* s1'-O' 51'- z ;ft� • \ -._ o s �FwcE i - _ - = z 2 • a. a SeV/ ' _. - 0 By Supplementary Letters Patent the note YI `Canadian Pacific Railway Cem unY' tq + j been chanced and such name wY4rtiet t t1 f J • smearing herein shall be read as"C:.ad:an 1 / ." r Pacific Limited". -. 1 o •Tac. rr_ LOT 126 LOT 126 T A•f • r'' ��' Plta EAST ELGIN AREA - _S" •.- B C O N N T.R. C 0 N. N. T. R. ,� / ice: CatcAir77IR771ri7i� ;Li? - . . t N W_062 X;hi: . / 2 9 7 2 6 IIII TP. OF BAYHAM I'•- TP OF BAYHAM 111% 1011 .4-213.07( - ---- - -- -iCOUNTY OF ELGINH.E.P.C. 27,600VOLTODPOLE TRANSMIS COUNTY OF ELGIN 41 i ° ` 6320/4800VOLTPRARY FEED ER CROS - - CANADIAN PACIFIC TELEGRAPH 8 CANADIAN PACIFIC RAILWAY, LOT 126 , CON. H.T.R., T — `11.11101111111111 I - ° TP. OF BAYHAM ,COUNTY OF ELGIN. ti I :1',',. •:'• .tiCTi1C 'Cirt fi.H!!I .I):: ALL THE HYDRO-ELECTRIC POWER COMMISSI '4 1., \ • _ - ^ LINES .. .. .... r!^' i.ii • ONTARIO o c• .NOV.7,197 IIN. s2OFT 604-4165-C44_ o z_�z ` \y i 7 7 5 7 9 ORO — SECRETARY` +\\ \ 1 I u 1. ` �.,.'.a;,4i... ,.-y. • . 0%,nLLJL LC. • `-i 1 /� 6� • 0 / t M 1d 4f� ' � By S�.rpplementary Letters Patent the name ` ' V - -...*--,,... By Pacific Railway Company" has 1.1 :"i a • been changed, and such name wherever File No.L-2—P13-2<<• appearing herein shall be read as "Canadian Pacific Limited". CANADIAN PACIFIC RAILWAY COMPANY AGREEMENT FOR THE PLACING OF POLES AND WIRES ON RAILWAY LANDS CROSSING BUT NOT PARALLEL TO THE RAILWAY THIS AGREEMENT made in triplicate this twenty—eighth day of June , one thousand nine hundred and seventy—seven , to be effective the first day of July one thousand nine hundred and seventy—se BETWEEN: CANADIAN PACIFIC RAILWAY COMPANY, hereinafter called the "Railway Company", •NADIAN PACIF ' of the First Part; •PPROVEYE• and am ' ONTARL 0 HYDRO of the City of Toronto and Province of Ontario — — — — • .hereinafter called the "Applicant", of the Second Part. WHEREAS the Applicant has applied to the Railway Company for permission to place and main• min a power transmission line on, upon, over and across the lands and railway of the Railway Company at mileage 24.0, Port Burwell Subdivision in the Province of Ontario. at the location shown in red on the plan hereto attached, and the Railway Company is willing to gran' the said application, subject to and upon the terms and conditions hereinafter set forth. WITNESSETH: il; , I r 1. T1IAT the Railway Company hereby grants to the Applicant the right top ace � CG, ILt _ one (1) anchor and to string three (3) wires, carrying an electric potential of 8320/4800 iP.,l'i..i; c: . a 1 volts, on, upon, over and across the lands and railway of t i 5:1...110P Railway Company at mileage 24.0, Port Burwell Subdivision inth0 aforesaid I'rovinc at the location shown in red on the said plan hereto attached, dated June 8, 1977 bearing No. 78232DRD and prepared by Applicant which plan is hereby declared to form part of this agreement, the said plan being signed by the panic hereto for identification. APPROVED //� A / 7// '� 2. THAT the Applicant shall pay to the Railway Company fur the permission hereby grants _ ($42.00 — — ) Dollars ,for the first ye % the sum of — — FORTY—TWO for the preparation the •r,... ........ which includes the sum of THIRTY DOLLARS; ($30.00)ch ensuing year or part of of th R.a r J agreement and TWELVE DOLLARS ($12.00) in eachsyear. ar payable in advance on the first day of Julyye , M�... . Mt'S ti • 3. THAT for the purpose of this agreement the said poles, anchors and wires shall be known and designated as "the said works". 4. THAT the said works shall be strong and suitable in every respect for the purposes for which they are intended and shall, at the sole cost and expense of the Applicant, be placed,strung and afterwards maintained in a thoroughly substantial manner and in accordance with and subject to the rules, regulations, terms, conditions and specifications adopted and confirmed by and contained in General Orders of the Board of Transport Commissioners for Canada No . E-11 and any additional orders which may A. from time to time be made by the Board governing the said works and any amendments or additions thereto or substitutions therefor which may from time to time be made by the Board. 5. THAT should the Railway Company at any time desire to,or be ordered by the Board of Transport Commissioners for Canada, or other authority having jurisdiction, to make such changes in the Railway Corrpany's tracks, structures or facilities as would, in the opinion of the Superintendent of the Railway Company, having responsibility therefor, necessitate the moving or alteration of the works herein con- templated or any part thereof, or should it be found necessary in order to protect the tracks, structures or property of the Railway Company to make any change in the location or construction of the said works or if at any time the said Superintendent is not satisfied that the said works arc placed, strung and main- tained as required by Clause 4 of this agreement, the Applicant shall, at its own risk and expense, and to the entire satisfaction of the Railway Company, perform all such work of moving or altering as may be necessary or required by the said Superintendent within the time specified by the said Superintendent, and should the Applicant fail to perform such work of moving or altering within the time so specified, the Railway Company shall have the right to do such work, and the Applicant shall pay to the Railway Company the entire cost of all such work forthwith upon receipt of certified accounts therefor on the basis of cost plus labour overheads as may be currently applicable and as set by the Railway Association of Canada, and material handling cost as may be currently applicable on the Raihvay Company, and all the provisions of this agreement shall apply to the said works while being moved or altered and in their changed condition or location and to the parties hereto in respect thereof. 6. TIIAT the Applicant shall indemnify the Railway Company from and against all taxes or assessments of any description whatsoever levied by any authority in respect of the said works herein contemplated. 7. THAT the title in the said works and other property of the Applicant placed on or affixed to the lands or property of the Railway Company, shall remain in the Applicant who shall have the right of removal thereof in the event of their use being discontinued for any cause. 8. THAT the Applicant shall not assign or dispose of this agreement, or of the rights and privileges conferred thereby, without the written consent of the Railway Company. 9. THAT this agreement shall remain in force until terminated by either party as hereinafter provided. Either party hereto may at any time terminate this agreement by giving to the other party a written notice naming therein a date at least three months from the giving of such notice upon which this agreement shall terminate and on the day so named in such notice, this agreement and all rights and privileges granted hereunder shall cease and terminate. Provided, however, that should the Applicant make default at any time in the payment of the rent hereby reserved or fail or neglect at any time to fully observe,perform and keep all of the covenants, terms and conditions on its part herein contained, then the Railway Company may forthwith terminate this agreement by notifying the Applicant in writing accordingly. Provided further, that notwithstanding the termination of this agreement in any manner herein provided for, that the Applicant shall be and remain liable to the Railway Company for all payments due and obligations and liabilities incurred hereunder up to the date of such termination and for the fulfilment of all obligations herein contained on the part of the Applicant to be observed or performed upon or after such termination r • 10. ANI) THAT upon the termination of this agreement the Applicant shall remove the said works from the property of the Railway Company at its own expense, and shall make good any damage caused to the lands and property of the Railway Company by such removal. Provided that if the said works or anypart thereof are not removed by the Applicant within the period of one month from the date of such termination,then the Railway Company may remove them at the expense of the Applicant,or permit them to remain, in which latter case the Applicant shall be deemed to have abandoned them, and the said works shall then become the property of the Railway Company. 11. The parties hereto agree that the term Railway Transport Committee of the Canadian Transport Commission or "the Commission" shall be substituted for the term Board of Transport Commissioners for Canada or "the Board" wherever they appear in the within Agreement. I • WITNESS the Corporate Seals of the parties hereto and the signatures of their Officials below name /w CANADIAN PACIFIC L A /C AN Assistant•Secretar� EM. :' 0 ��. J :!.. .�• ONPAR10 HYDRO _AMA :.,� cucneill • ASSISTANT: Secretary i=.T "34tiP: J ,. • • Ci)'.Y T ) yWS Jt r j :11' 14 ;ry . t ' y ;„F�i. y7.. f 6:♦ • * �a� J ( I . O 26' IAS co,.1,E0 1k5 1.4 t'_'- 301 • OJ 9 • PPP PµPN „AA I ~ . \ I r rs z•a i`' - GV' 1 Ep6\Nt \ 3'' 3-1.,' / \,\CN / \ I _ DE YAKS AT I • 't• .. 1 `I i 1., / \ \ \ I h IIISNT I I. ea 'Iii • j III ` ` ` , ` \�• \ \ \ t ' . WIRES ELEVATION A'A ■ra[i SIZE A wA I C,, -- • 0011 3/8..GUY A - - nee 3/0 01:N T E T / 'y....- IN SUIGTCO IS / gas3/0 ACSR O ' \--,7- / D .. 11.11 L Z 0 \3/8' GUY AT 30' / REy151pN5.... CON. vii 9 • �'�. �� \ /' 6AYHAM TP } • 01 EAST ELGI COUNTY I' / - 3/8"GUYAT3d \ cv . pry,ir, PM 3/8"AMY AT Q 2p •/4800 VOLT WOOD POLE LINE AREA EAST EL \\ 8,0:010 FlLE NUMBER 6( M ONTARIO 45� T.R I3/8.GU-4-s. 4S� TP.• 3/8 GUY AT 39' , • • I o * N T )1955-2 COO • ONTARIO HYDRO 8 LINE CROSSING ' RAILWAY IN L0� 4S�,LP. ' BAYHAM TR: EL TDI95S2C00• 0 ` d0\9 L O T i _ Ontc CON VII Onto �y• / . Sc' "..0 1 Oats • 1977 1 ,p /- \ 0 LJ JUNE 8, Drown Dy -;/. D. L. R. . I/ • 1.01' :I. 14 .. moo, :i.. /1.11110 • ti irAr• •'t.t:r• • File No.Ir2—Pia-24.0 CANADIAN PACIFIC RAILWAY COMPANY AGREEMENT FOR THE PLACING OF POLES AND WIRES ON RAILWAY LANDS CROSSING BUT NOT PARALLEL TO THE RAILWAY TIIIS A(IREEMIENT made in triplicate this twenty—eighth day of June , one thousand nine hundred and seventy—seven , to be effective the f i.rat. day of July one thousand nine hundred and seventy—sev BETWEEN: CANADIAN PACIFIC RAILWAY COMPANY, hereinafter called the "Railway Co the Fist Part; •NADIAN PACIfI' •PPROVE• ofand ••u ONTARIO HYDRO of the City of Toronto and Province of Ontario — — — _hereinafter called the "Applicant", of the Second Part; WHEREAS the Applicant has applied to the Railway Company for permission to place and main- tain a power transmission line on, upon, over and across the lands and railway of the Railway Company at mileage 24.0, Port Burwell Subdivision in the Province of Ontario. at the location shown in red on the plan hereto attached, and the Railway Company is willing to grant the said application, subject to and upon toe terms and conditions hereinafter set forth. WITNESSETH: 1. THAT the Railway Company hereby grants to the Applicant the right to place one (1) anchor and to string three (3) wires,carrying an electric potential of 8320/4800 volts, on, upon, over and across the lands and railway of the Railway Company at mileage 24.0, -ort Burwell Subdivision in the aforesaid Province !TGF at the location shown in red on the said plan hereto attached, dated June 8, 1977 A lc /: bearing No. 78232DRD and prepared by Applicant !NMI DEPT. r which plan is hereby declared to form part of this agreement, the said plan being signal by the•parties hereto for identification. SO It1T. 2. THAT the Applicant shall pay to the Railway Company for the permission hereby granted _ 42.U0 — — — ) Dollars _for the first year the sum of — — FORTY—TWO which includes the aura of THIRTY DOLLARS ($30.00) for the pre?•;ration of the agreement and TWELVE DOLLARS ($12.00) for each ensuing roar or part of year payable in advance on the first, day of July in each year. I API' VED vitt vi "T Pr . . EnV. • to Vice Prot. • 3. THAT for the purpose of this agreement the said poles, anchors and wires shall be known and designated as "the said works". 4. THAT the said works shall be strong and suitable in every respect for the purposes for which they are intended and shall, at the sole cost and expense of the Applicant,be placed,strung and afterwards maintained in a thoroughly substantial manner and in accordance with and subject to the rules,regulations, terms, conditions and specifications adopted and confirmed by and contained in General Orders of the Board of Transport Commissioners for Canada Nc . r11 and any additional orders which may from time to time be made by the Board governing the said works and any amendments or additions thereto or substitutions therefor which may from time to time be made by the Board. 5. THAT should the Railway Company at any time desire to,or be ordered by the Board of Transport Commissioners for Canada, or other authority having jurisdiction, to make such changes in the Railway Company's tracks, structures or facilities as would, in the opinion of the Superintendent of the Railway Company, having responsibility therefor, necessitate the moving or alteration of the works herein con- templated or any part thereof, or should it be found necessary in order to protect the tracks, structures or property of the Railway Company to make any change in the location or construction of the said works or if at any time the said Superintendent is not satisfied that the said works are placed, strung and main- tained as required by Clause 4 of this agreement, the Applicant shall, at its own risk and expense, and to the entire satisfaction of the Railway Company, perform all such work of moving or altering as may be necessary or required by the said Superintendent within the time specified by the said Superintendent, and should the Applicant fail to perform such work of moving or altering within the time to the Raiso , the Railway Company shall have the right to do such work, and the App shallpay ay Company the entire cost of all such work forthwith upon receipt certified se baccounts s therefor on dation of of cost plus labour overheads as may be currently applicable and as y and allthe Canada, and material handling cost as may be currently applicable on the Railway Company, provisions of this agreement shall apply to the said works while being moved or altered and in their changed condition or location and to the parties hereto in respect thereof. 6. THAT the Applicant shall indemnify the Railway Company n frorespect ndagainst all taxes or of the said works herein assessments of any description whatsoever levied by any utl�o contemplated. 7. THAT the title in the said works and other property of the Applicant placed on or affixed to the lands or property of the Railway Company, shall remain in the Applicant who shall have the right of removal thereof in the event of their use being discontinued for any cause. 8. THAT the Applicant shall not assign or dispose of this agreement, or of the rights and privileges conferred thereby, without the written consent of the Railway Company. 9. THAT this agreement shall remain in force until terminatedy byeither other 10 hereinafter a written voted Either party hereto may at any time terminate this agreement such gnivto ing theuhhercp party agreement shah naming therein a date at least three months from the giving and all rights and nrantee terminate and on the day so named in such notice, this agreement mr privilegesdefaultatra to hereunder shall cease and terminate. Provided, however, that should the Applicant an: time in the payment of the rent hereby reserved or fail or neglect at any time to fully observe, perform ane keep all of the covenants, terms and conditions on its part hereintan ed,ritithenn the Railway accordingly.lw Pro pan: may forthwith terminate this agreement by notifying the Applicant further,ethat notwithstanding be andnren remain liable to the Railway termination of ieement in any manner herein Company for all payments due provided obligation the Applicantthe ful and liabilities incurred hereunder up to the date to be termination and or aftertsuchof ll termlinatioc herein contained on the part of the App • /5F' IN, J ry . • 10. AND THAT upon the termination of this agreement the Applicant shall remove the said work. from the property of the Railway Company at its own expense, and shall make good any damage caused to the lands and property of the Railway Company by such removal. Provided that if the said works or any part thereof are not removed by the Applicant within the period of one monthfrom the date t of such c termination, then the Railway Company may remove them at the expense of the App orPe remain, in which latter case the Applicant shall be deemed to have abandoned them, and the said works shall then become the property of the Railway Company. 11. The parties hereto agree that the term Railway Transport Committee of the Canadian Transport Commission or "the Commission" shall be substituted for the term Board of Transport Commissioners for Canada or "the Board" wherever they appear in the within Agreement. // WITNESS the Corporate Seals of the parties hereto and the signatures of their Officials below named CANADIAN PACIFIC •..I r r../ANY • ice-'rest d. 1I , . Ass nrrt-J'ecr •ry MARE 0 HYDRO itrOU - ASSISTANT SeCre ary W f � ry • DATA Z-13142 :.J POLE FRANK— 9ULE- VVi‘. I FT. 1CANADIAN PACIFIC RAILWAY MAINLINE I - °` `\ A • e I ^I ,r---71111 �5 p. Ta .ille : : 0vp0V4Eso ter' 26' 30' A . .. . . • 1. . ... vs- , ct-c).94:40A041.114 ..-7') \ 2C�- \ \ 0[71111.3 AT \ I In NI•NT II . " \ I MI" iM/Ar IN •••— .\ O d Q ' 45' T P ELEVATION A-A WIRES tLEANIL A N a arau C es 1:41.310. SIZE S MATERIAL T4f�aN TOo 1• rtEUEI A I I 3/8"GUY STEEL 3206 42' / 3 3 3/0 AL.POLTETNT LEN E ❑ 1 1 0 / 8 INSULATED,ISIN CABLES 3400 ,/ / C I I' 3/OACSR 17154' LO 20 40. / 0 N3/8"GUY AT 30' E CON II n 9 \T / / r A Y H AM p �, T........- EAT ELG COUNTY \ / REMbONS- 3/8•' GUY AT N N / 3/8•GUYAT30 \ YDRO 04/4800 VOLT-31--<00D POLE/ LINE 3/8"GUY AT 30' ONTARI\ + _ nn 000.47104 •o. w 45'T.P. / AREA EAST ELGIN VIP 3/8 'GtrY 4T 30' 45' T.P ,,,°' .' FILE NUMBER 604 - 4511 / 3 13 7 1 ^ / T 19552000 45' TP / ONTARIO HYDRO 8320/4800 VOLT WOOD POLE TD19552C00 .INE CROSSING UNDER CANADIAN PACIFIC / 0 /= RAILWAY IN LOT 1 N 9 ; CON. VII ; NO\9 bAYHAM TP; ELGIN COUNTY. N�1- LOT I ���/ SDN VII Ontario Hydro / ❑ CIoat• •scat. w0. i JUNE 8,1977 IIN. = 30 FT. 604-52418-884 ►A 0,4.0 87DWG. \ D. L. R. 1 - - - \\ L...E�w�« fj r 7 8 2 3 2 ORD • Z 2 Indemnity 6. That the Applicant shall at all times wholly indemnify the Railway Z Company from and against all lou, costs, damage, injury and expense to which the Railway Company may be put by reason of any injury or damage to persons or property caused by the said works or by any substance being 0 carried in the said works or by any works herein provided for, or by the imprudence, neglect or want of skill of the employees or agents of the Applicant in connection with the laying, maintenance, renewal, repair, moving, altering or removal of the said works, or the use thereof, unless the cause of such loss, cost, damage, injury or expense can beaced else- v where, the burden of proof whereof shall be upon the Applicant. Applicant's 7. That subject to and in conformity with any rules or regulations employees on now or hereafter in force governing railway employees, or the operation shall Comp of 7 railways, the Applicant and the agents and employees of the App company's se pr.miwa have the right to enter upon the lands of the Railway Company at such times as may be necessary for the purpose of the construction, maintenance, inspection, removal and repair of the said works herein contemplated; and that all persons so entering upon the lands of the Railway Company shall assume all risks of and the Railway Company shall not be liable for any injury (including injury resulting in death) loss, damage or expense to such person or his property while on the lands of the Railway Company, and the Applicant shall indemnify and save harmless the Railway Company against all claims and demands arising or resulting from any injury (includ- ing injury resulting in death) loss, damage or expense in connection there- with. Detatilt 8. That if at any time during the continuance of this agreement the Applicant shall neglect to do such work of repair or�mii maintenance Companymay as e y opinion of the Railway Company is necessary, ent of the Apply carry out such work of repair or maintenance Railwayitself Company the entire cost cant, and the Applicant shall pay to of all such work forthwith upon receipt of certified accounts therefor rableaon the basis of cost plus labour overheads as may be currently app d as set by the Railway Association on tof aCanada,y Cnand material handling cost as may be currently app Taxes 9. That the Applicant shall indemnify the Railway Company from and against all taxes or assessments of any description whatsoever levied by any authority in respect of the said works herein contemplated. as com Rental 10. That the Applicant shall pay to the Railway Company ) pensation for the permission hereby granted the sum of FiveDollars ---____" day of —($5 � per year, in advance, on the in each year, during the continuance of this agreement, provided that on rty hereto the termination of this agreement by either pa iterpa t of such suturing any contract year, there shall be no prorata adj Mom or 11. That should the Railway Company at any time desire,or be ordered alteration by the Board of Transport Commissioners for Canada, or other authority having jurisdiction, to make changes in RailwayRailway Company's structures orfacilities as would in the the Company necessitate the moving or alteration of the said works hereinrecrossed by or should the Railway Company desir. build on the property the said works, or use it for any other purpose, or deem it necessary in order to protect its tracks, structures or property tol sat shall make any at can own e iu the location or construction of said works, the App erfos own expense and to the entire satisfaction of the Railway Company perform ive erforms all such work of moving or altering or carrying outp of eau after safeguard the said works as may be necessary fail oneo month f er receipt of notice so to do, and should the Applicant h work of moving or altering within the time specified the Railway andmany shall have the right to thedsuch work ompanyas tof the the entire pcost of all such Applicanthe shallh payp work forthwith upon receipt of certified accounts therefor on the basis of cost plus labour overheads as may be currently applicable and as set by the Railway Association of Canada, and material handling cost as may be currently applicable on the Railway Company, and all the provisions of this agreement shall apply to the said works while being moved or altered and in their changed condition or location and to the parties hereto in respect thereof. N%* Lai(.....__ DI .tl ' � ' INCE OF ONTARIO 'NTY OF ELGIN �WNSHIP OF BAYHAM CON. 4 R CP LOT I ? . LOT 18 BURIED WIRE LCT 17 LOT 18 CON . 3 a ➢i = s... - . �..... , gart AND MALAH ► DE TELEPHONE C.O. LTD. - " „RR: IS GAUGE LIcE APPr20VEp I 7tB L.F.rt Miic�. ; OF DIVISION; ENGINEER suLdivision, �O NZE,..c. ,944. 1 . �• ♦.Ctti i i ^- i ` - i J � - • moment 12. That the Applicant shall not assign, transfer or dispose of this agreement or of the rights and privileges conferred thereby, without the consent in writing, first obtained, of the Railway Company. Termination 13. That this agreement shall continue and be in force for a period of one (1) year from the date hereof,and from year to year thereafter,subject, however, to termination at ary time by either party giving to the other party a written notice naming therein a date at least three (3) months from the giving of such notice upon which this agreement shall terminate and on the day so named in such notice this agreement and all rights and privileges thereunder shall come to an end,provided that notwithstanding such termi- nation the Applicant shall continue to be liable to the Railway Company for all payments due and obligations incurred thereunder prior to the date of such termination. The notice above mentioned may be given by mailing it postage prepaid and registered, addressed to the Souprerinte endent of Applicant ate Railway Company at I ondon the address mentioned above. Agreement 14. That this agreement shall,subject to clause 12 hereof,enure to the binding n benefit of and be binding upon the parties hereto,the successors and assigns and assigns of the Railway Company,and the heirs,executors,administrators, successors and assigns of the Applicant. Removal of 15. And that upon the termination of this agreement the Applicant worlu shall,if requested by the Railway Company so to do, remove at the expense of the Applicant the said works from the lands of the Railway Company, and restore the property of the Railway Company to its original state eeior and condition; provided that the Railway Company may, a its optic i , n rfo m ssuch work as agent of and at the expenseof the Applicant 6 and 7 hereof shall remainith case, the conditions embodied in paragraphs applicable and effective until such time as all work to be pbyias ded Applicant or by the Railway Company as agent of the Applicant ov for in this paragraph shall have been carried out to the entire satisfaction of the Railway Company. ---- --------- —— — IN WITNESS whereof the parties hereto have executed these presents. CANADIAN PACIFIC RAILWAY 0 ANY, q ice-P silent. 41* s t-Secretary. .�I AILMIER AND HAIAJIDE Tl'IiONE COMPANY LIMITED• President. ti l ,/r•—• Secretary. ' THIS ACR:.ri: 'TT made in uui•]•i cute this Fourth dlr.)/ of May , One thousand nine hundred and forty nine. ` ' ' • BETWEEN: SCHEDULE '�M, • CAITADIA'T PACIFIC Rid1';.':.Y !.I ;aTY, DANACIANPACIHC' hereinafter called the "Railway Company", APPRsr • of the First Fart ; 1 ' LEAU rEMT - and - iLII/ THE HYDROCTRIC .. ,, ....IS ,.I ,),T GEN.SUPT. OF OITTARIO, hereinafter called the "Applicant" , rosin An of the ;second Fart ; GIN.SoLCI1 \ lied to the Railway. WHEREAS the Applicant ia.. applied Company for permission to erect and maintain a eingle pole line, carrying a pov:er transmitelon line with an electric potential of 26,400 volts and a telephone communication line, on and over the. property of the hailr.ay Company between Mileage 16.05 and kileage 25.8 Fort Lurwell Subdivision, in the Counties of Oxford , 'Torfolk and ::lpin, in the Province of Ontario, at the location shorn in red on the plan hereto attached , and the Railway Company is prepared to grant the said app ication subject to thr tr,•rc :Ind conditions herein- after set forth. :TO':. T-L31 FO1 .:11 S Ar?1•,._:....ir'T :711.1aa.L_;Ttl T:LAT: 1. In consideration of tree covenants and condi.tione herein contained and to be ob;erveU by tA ^.he . pcl �unistie� to nt the Railway Company hereby grante to the Api erect and maintain a single poletline , carrying a power r trans- mission line with an electric potential 'F400 a telephone communication line, on and over the property of the Railway Company between ..:ile:lte 1:;. u', and ::itic:'t e 1".8 Port P.urwell ;5ubdiviei Jn, at toe JOcati on vno` n int,rerioed n the plan hereto attached, dated t:,e.`a.,��y7nt ,li.s nereby Roll ;To• 7098, prepare. by the „..,, l, `aid whichplan tieing ei.�rned declared to be part of tnia :Ii,1 rte p i ,ole by the pa:tiee hereto for ide^ti , c ,tioH, toe _ J singl - 1 line, carrying the said power tr:,nerii:,ci on line and telephone communication line, being more perti.culorl;/ shown on ::lane bearing Roll 'Jos. 6855, 6900 ant 69 )l, rrepareu b; the Applicant, copies of v:hi ch are held on file by the 'r•.ai Tway Company and 'the Applicant . n 2. For the purposes of tnie agreement the �•:id single (iLllP �r one pole line, carrying- trip said po:••cr tz�:'f='''iv :ion ling the "'.E,id dna , � �d communication line , s:.all he ,•nc'': 'r :ond ,,,,,,i I' �,_t. torke" 3. The portion of the en'la :.ora:e trt the i•oi'ii. of cross- ing of the Railway Companyle tr:-cs snall tic _,laced and e rung and afterwarde ^aintained in acconThmce r ith ,And subject to the rules, regulations, cUrditiof5thand e 1'op cidot'cationeranspadote aand confirmed by General Com- missioners for Canada ;To• 231, ae ai,iendeo by (lenerc.l Orders 291, 490 and 596, and any ac:tendmentc triereto or culaetitutions therefor that„nay from time to time be made c�byiefithe e oothatard, tand if at any time the Railway Ccrn any iv net � said works are in accordance r:itii the eaiu rul..C , r e tulationE, conditions and specif.cutione andtneptrtihe �e hereto1cannptot rt '_eo agree, the matter enall be rale: Commissioners for Canada, wnoee decision shall be final and 6 binding. • Ci • .. • - 2 • 4. The portion of the said worn a on the Railway Company 's property other than at the point of crossing of the Railway Company 's tracks (which portion is hereinafter referred to as the "Parallel Line" ) stall be strum. and suitnble in every respect for the purpose for which they are intendad and shall be placed and strung and after-:aios maintainedin a tnorouahly substantial manner at the sole cost of the Applicant and to . the satisfaction of the Lailway Company anu shall be so placed and maintained ae not to interfere in any way with the telegraph or telephone lines or the oper:,tir'n thereof, or other facilities or business of the Railway Company . 5. Should the Railway Company at any time desire to or be ordered by the Board of Transport nCo`�ch cionerse or otr her authority having jurisdiction to mai:! Railway Company 's trael:e , etructu) ee or facilities as would in the opinion of the Raily:ca ;ompaay necessitate the movini• or alteration of the said w'•orrs on any of the lands or pro- perty of the Railway Company, or s.:ould it be found neces- sary in order to protect the tra.cs , structure! or property of the Railway Company to mace any chante thee locations or construction of said works , the ..p,. own risk and expense, and to the entire satisfaction of the Railway Company, perform all such '::ork of moving or alter- ing as may be necessary within one :oonth after receipt of notice so to do and should the i;pj 1i cant fail to perfor n such work of moving or altering within the time specified the Railway Company shall have the right to do euch work and the Aiplicant shall pay to the Lailway Company the cost of such work forthwith on demand, plus ten per cent nlaour rf and fifteen per cent on material , amri.lavlrtheossin ovist changed bsof this agreement shall a1ply to the condition or location and to trioparties hereto in respect thereof. 6. The Applicant hereby assumes all risk of loss or damage of any kind howsoever caused to the "Parallel Line", and hereby undertakes to indemnify and sive har'nle:::: the Railway Company from all clai'ne , lose or on Ja( e that may be caused by , result from or be attributable to the presence of • the said "Parallel Line" , includinL all loss or ca'nat;e that would not have happened had such line, not been erected and strung along and over the fano: of the 'i.uilw `Cos`oanys,unr d wwhether or not such claim! , lom• or d '•a_e am from or be attributable to the negli ;:cnce of the itailway Company, its agents or employe- 7. All persons entering upon the lanae of time ins ecting ilway Company for the purpose of cunetructing, removing, or repairing the "Parallel Line" shall aelsme all risk of, and the Railway Company shallenotu`�enle iable ble for injury, on lose or damage howsoever , , r int hereby the lands of the Railway Ccnpar.y ::nd the A., 1 i. undertakes to indemnify thepail': aycCo' spanil y` a(`•Ginbtsts on � tnynccllairn for such injury, lo;7 or data(:c , incurred in connection therewith. The Applicant !hall p to thei 1::�s Co:Ipany for the perxi esion hereby granted 1•1.0 soel !hundred and Fifty-six ( 856 .00) Dollars, in o (vance, for time first ycai , which includes tae cost of c!ta..tn,. iii, this a(%r''.eAlCnt, and :hall thereafter pay the sum of 2;iEfi,t flu m' red evict Fifty- one ("'R51.0'0) Dollars annually , inaaadh vance, on the Fourth day of may in 1 CP. - - .3 - . . ' 9'. The title in said v•orke and other property of the ,. Applicant placed on or affixed to the property of the Railway Company shall remain in the Applicant ^:ho shall have the riEht of removal thereof in the event of their use beinf' discontinued for any cause. 10. The Applicant shall not a:•Eit.n or dispose of this 'agreement or of the rights and privileeee conferred thereby without the written consent of the Eail'..ay Company . 11. This agreement may be terminated at any time by either party giving to the other .,arty three (3) rnonthsr notice, in writing, and on the day Eo named in such notice, this agreement shall terminate and all right,, obligations and privileges thereunder slt•:.11 cone to an end , e;:eept the obligation of the 9::p?:icant to remove the Enid v:orke and the right of the Pailv,ay Ccmpany to do co in the event of the failure of the Applicant to remove the said works aE herein- after provided. 1 12. Upon the termination of tHiE acreement the Applicant shall remove the slid works from the property of the I?ailway Company at its ovrn expcnee and t:•i::ll .tak good :.,•y dauraLe caused to the property of the 'ati i ':s;; Company by ouch removal. Provided that if the said v:jr: t• ale not removed by the Applic- ant within the period of one month from the date of such termination then the Railway Company why rem-:ve them at the expense of the Applicant, or permit there to remain, in v:itich latter case the i:plicant shall i•e a e•ned try have a>landoned them, and the said v:'.rks shall teen Lecct.le the property of the Railway Company. WIT2Tf:SS the Corporate :_eal:: of the parties hereto and the signatures of their official:: belos. named . ...CI!?1 r; '_'_,11.'..,.7. C L's:'rA:T`., // r) --r-f---2 :secretary TIE Tr!D}10-ji.::CTF.}'. ..'J':.mit CO:._... .,.. £0" ^T_•' 01_TTA1'.I0, H. F D. C. 4 Lt''';"--"'r-19---L---L-" ;secretary. f 7g • P • ' RTY D r' , • M19'i Official It•:.r:ut U e,t Canadian Paci tic I;.uI!'.'v" II 1•E.G. COninUarri. I U be t t'tt l l t et. I,�' .. to tht-t sora eta! y, Montt..ai, _ .. with the lei t t;r•,= P RT 80,91 c(` THE CORPORATION OF THE .!' VILLAGE OF PORT BURWELL p O.Box 10,Port Burwell,Ontario NOJ I TO O� =� telePO. (519) 874-4343 • fax (519) 874-4948 home page:httpJ/www-kanservu.ca.burwell am* PORTUS REFUGIUM November 4, 1996 Scott & Krantz-Sippel 202 - 244 Pall Mall Street London ON,N6A 5P6 Attention: Ms. Joan Krantz-Sippel Dear Ms. Krantz-Sippel As per your request please find enclosed a copy of our By-Law 96-44, a by-law to authorize the purchase of the CP Rail Lands, as well as the Offer/Agreement of Purchase and Sale. 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 %.*• '. Free, CET, AMCT Ad . nistrator/Clerk-Treasurer Encls. David R.Free,CET.AMCT • Administrator/Clerk-Treasurer 1 The Corporation of the Village of Port Burwell Post Office Box 10 21 Pitt Street Port Burwell, Ontario NOJ 1T0 By-Law 96-45 C0 o a 3 6�J Being a By-law to repeal Bylaw 89-21 being a by-law to restrict parking on Erieus Street from Victoria to Robinson and certain portions of Pitt Street. 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 Council of the Village of Port Burwell passed bylaw 89-21 Being a By-law to repeal Bylaw 89-21 being a by-law to restrict parking on Erieus Street from Victoria to Robinson and certain portions of Pitt Street in Regular Council meeting May 23, 1989. AND WHEREAS, the Council of the Village of Port Burwell hereby deems it expedient to repeal bylaw 89-21, NOW THEREFORE Council of the Village of Port Burwell hereby repeals By-Law 89-21. This by-law read a and second time this 10th clay of September, 1996. To'• 'esbitt, Reeve David R. Freedministrator/Clerk-Treasurer • 1 • This by-law read a third time .nd finally passed this 10th day of September, 1996. ; . Tom41 esbi , Reeve David R. Fre , Administrator/Clerk-Treasurer • 2 • The Corporation of the Village of Port Burwell Post Office Box 10 21 Pitt Street Port Burwell, Ontario NOJ 1T0 By-Law 96-46 C n n a 3 8' Being a By-law to establish schedules of retention periods for documents, records and other papers of the municipality. WHEREAS Section 116 of the Municipal Act, R.S.O. 1990, Chapter M.45, as amended, provides that a municipality may pass a by-law, approved by the auditor of the municipality, establishing schedules of retention periods during which the receipts, vouchers, instruments, rolls or other documents, records and papers must he kept by the municipality. • THEREFORE the Council of the Village of Port Burwell hereby enacts as follows: 1. THAT the retention periods for the records of the Village of Port Burwell and its local boards as outlined in Schedule A attached hereto and forming part of this by-law and in accordance with the classification codes as provided within the Ontario Municipal Records Management System are hereby adopted and established as the retention periods for such records. 2. THAT the retention periods for the records of the Port Burwell Non-Profit Housing Corporation as outlined in Schedule B attached hereto and forming part of this by-law and in accordance with the classification codes as provided within the Ontario Municipal Records Management System are hereby adopted and established as the retention periods for such records. 2. THAT the Administrator/Clerk-Treasurer, his or her designate, or as otherwise provided herein is hereby granted authority to destroy all of the documents herein, provided they have been retained until at least December 31st of the last year of the retention period as outlined in Schedules A& B of this by-law. 3. THAT all receipts, vouchers, instruments, rolls and other documents, records and papers shall be retained in safe and secure locations for periods according to Schedules A & B. • 4. THAT the retention of any or all receipts, vouchers, instruments, rolls and other documents, records and papers may be by means of photographing onto archival quality microfilm, after the testing of which the original documents may be destroyed as provided herein. 5. THIS by-law is to be construed as permissive and not mandatory. In the event of any conflict between this by-law and any statute or regulation of the Government of Canada or the Government of Ontario or other governments or agencies having jurisdiction without limiting the generality of the foregoing, to include The Income Tax Act; Section 11 of the Employment Standards Act, R.S.O. 1990, Chapter E.14; and the Municipal Elections Act, such statute or regulation shall prevail. If changes in the acts or other factors cause the retention of any documents or records beyond the periods stipulated in this by-law to be required or to be expedient, then such documents or records shall be retained according to such requirements or according to their importance or significance. 6. WHEN records have been destroyed under this by-law, the Administrator/Clerk-Treasurer shall so certify in writing. Such certificate shall refer to the relevant schedule and item of this by-law and shall identify records destroyed. THIS by-law shall not take effect until the auditors of the Corporation of the Village of Port Burwell have approved this by-law by endorsing their name at the end thereof. THIS by-law repeals all previous by-laws pertaining to the retention of municipal documents. This by-law r a first and second time his 8th day of October, 1996. (Va ito4 Tom esbitt, Reeve 'A- Da . R. Free, ' ministrator/Clerk-Treasurer • This ky-law read a third time and finally passed this 8th da of October, 1996. --- 7/7 t4. I ,,, \e"itt,--Reeve . �i David '. free, :1dmi strator/Cler,z-Treasurer Auditor's Approval We hereby approve of the above by-law, By-Law 96-46, passed by the Council of the Village of Port Burwell on September 24, 1996 pursuant to Section 116 of the Municipal Act, R.S.O. 1990, Chapter M.45, as amended. Brian I3udariclz , Chartered Accountant • .'4 • • r Village of Port Burwell 03-01-04 In accordance with: Tab: Records Retention Pegs: 1 of 31 Association of Municipal Clerks and section: Schedule A to By-Law 96-46 Treasurers of Ontario Subject: Records Retention Schedule Date: 05 96 Primary Heading: Administration Class Resp. Keep' Off Total Cite Code Secondary Heading Dept. Det. Site Ret. Remarks Table A00 Administration - General Originating 1 - 1 A01 Associations and Organizations Originating 1 - 1 A02 Staff Committees and Meetings Originating 1 3 4— A03 Computer/Information Systems Treasury S 3 S+3 24 A04 Conferences and Seminars Originating 1 - 1" Only those sponsored by the Municipality are subject to archival review A05 Consultants Originating 2 - 2" 222 A06 Inventory Control Originating 1 5 6 2. 7, 8, 11, 14. 15, 16, 17, 18, 19, 20, 21, 22, 25, 188, 194, 195 A07 Office Equipment and Furniture Originating T - T T= Disposal of item A08 Office Services Originating 1 - 1 A09 Policies and Procedures Originating S P P" A10 Records Management Clerk's S - S 100 All Records Disposition Clerk's P - P 100 Al2 Telecommunications Systems Originating _ S - S A13 Travel and Accommodation Onginating 1 - 1 A14 Uniforms and Clothing Originating S - r S" A15 Vendors and Suppliers Originating 2 - 2 A16 Intergovernmental Relations Originating 1 4 5" A17 Accessibility of Records (FOI) Clerk's 2 - 2 222 A18 Security Onginating 2 3 5 4 Legend: P-Permanent; ' -Maximum Copy Retention, S - Superseded;T-Terminated "-Subject to Archival Selection Village of Port Burwell 03-01-04 In accordance with Tab: Records Retention Page: 2 of 31 Association of Municipal Clerks and section: Schedule A to By-Law 96-46 Treasurers of Ontario Subject: Records Retention Schedule Date: 05 96 Primary Headin : Administration Class 1Resp. Keep' Off Total Cite Code Secondary Heading Dept. Dept. Site Ret. Remarks Table A19 Facilities Construction and Originating T 6 T+6" T=Completion of 198311 Renovations project- Specifications permanent A20 Building and Property Originating 2 4 6 161, Maintenance 168, 197, 201, 212, 248, 249, 316 A21 Facilities Bookings Onginatmg 1 1 Legend: P- Permanent; "- Maximum Copy Retention; S- Superseded; T-Terminated "-Subject to Archival Selection Village of Port Burwell 03-01-04 In accordance with: Tab: Records Retention Page. ,2 of 31 Association of Municipal Clerks and section: Schedule A to By-Law 96-46 Treasurers of Ontario Subject: Records Retention Schedule Date: 05 96 Primary Heading: Customers and Credit Class Resp. Keep' Off Total Cite Code Secondary Heading Dept. Dept. Site Ret. Remarks Table BOO Customers and Credit-General Originating 1 - 1 B01 Potential Customers/Pending Clerk's T 6 1+6 T=Completion of Projects Project B02 Potential Customers!Pending Clerk's T 6 T+6 T=Completion of Projects- Subdivisions Project B03 Requests for Relocation/Service Clerk's T 6 T+6 T= Completion B04 Customer and Service Clerk's S 6 S+6 Information B05 Special Accounts Clerk's S 6 S+6 B06 Complaints and Commendations Clerk's 1 5 6 B07 Securities and Deposits Treasury T 6 T+6 T=Account Closure B08 Payment Plans Treasury S 6 S+6 B09 Billings Treasury 1 5 6 B10 Services and Consumption Clerk's 1 5 6 Analysis/Statistics B11 Credit and Collections _ Treaury 1 5 6 B12 Inactive, Outstanding Accounts Treasury 1 6 T+6 T=Collection of Account B13 WriteOffs Treasury 1 5 6 814 Customer/Municipal Addressing Clrek's 1 5 6 Village of Port Burwell 03-01-04 In accordance with Tab: Records Retention Page: 3 of 31 Association of Municipal Clerks and Section: Schedule A to By-Law 96-46 Treasurers of Ontario Subject: Records Retention Schedule Date: 05 96 Primary Heading: Council and By-Laws Class Resp. Keep' Off Total Cite Code Secondary Heading_ Dept. Dept. Site Ret. Remarks Table COO Council and By-Laws-General Originating 1 - 1 CO1 By-Laws Clerk's P - P" Copy retention S 250. 292, 346, 347 CO2 By-Laws- Other Clerk's S - S Municipalities CO3 Council Agenda Clerk's S 5 S+5 C04 Council Minutes Clerk's P - P" Copy retention 2 292. years 347,365 Working notes 6 366,367, years 368 C05 Council Committee Agenda Clerk's S - S C06 Council Committee Minutes Clerk's 6 - 6•' 250. 290, 319,320, 330.365, 366,367, 368 C07 Elections Clerk's T+90 - T+90 T=election of new 289, days days Council 295, 296, 297, 298, 299, 300. 301, 302, 303, 304 C08 Goals and Objectives Onginating S - S" C09 Motions and Resolutions Clerk's P - P•• Copy retention 1 250, year 292, 347 C10 Motions and Resolutions- Other Clerk's S - S Municipalities C11 Reports to Council Clerk's 1 P P" 292 C12 Appointments to Boards and Clerk's 1 P P" 292 Committees Cia I Molars R Renuests to Clerk's 1 5 6 292 Legend: P- Permanent; •- Maximum Copy Retention; S- Superseded, T-Terminated "- Subject to Archival Selection Village of Port Burwell 03-01-04 In accordance with: Tab: Records Retention Page: 4 of 31 Association of Municipal Clerks and section: Schedule A to By-Law 96-46 Treasurers of Ontario subject: Records Retention Schedule Date: 05 96 Primary Heading: Development and Planning - Class Resp. Keep' ' Off Total Cite Code Secondary Heading Dept. Dept. Site Ret. Remarks Table , -.►---- - ♦ -- - 1 , D00 Development and Planning- Originating 1 - 1 General D01 Demographic Studies Planning 5 5 10" D02 Economic Development Planning 5 5 10— I D03 Environment Planning Planning 5 5 10" 153, 155 D04 .Residential Development Planning 5 5 10" D05 Natural Resources Planning 5 5 10" 315 D06 Tourism Development Planning 5 5 10" D07 Condominium Plans Planning 5 P P Applications 2 years after final decision. Ontario Planning and Development Act, R.S O. 1990, c 3b, s.7, Repealed S 0 1994, c.23, s.1. D08 Official Plans Clerk's S P P" Copy retention S 318, 344 Ontario Planning and Development Act, R.S O 1990, c. 3b, s.7, Repealed S 0 1994, c.23. s 1 D09 Official Plan Planning T+1 4 T+5 T= Final decision 344 Amendment Applications Ontario Planning and Development Act, R S O. 1990, c 3b. s 7, Repealed S.O. I1994. c 23, s.1. Legend P - Permanent; *-Maximum Copy Retention; S- Superseded, T -Terminated - Subject to Archival Selection • Village of Port Burwell 03-01-04 In accordance with Tab: Records Retention Page: 5 of 31 Association of Municipal Clerks and section: Schedule A to By-Law 96-46 Treasurers of Ontario Subject: Records Retention Schedule Date: 05 96 PrimaryHeading: Development and Planning Class Resp. Keep' Off Total Cite Code Secondary Heading Dee Dept. Site Ret. Remarks Table D10 Severances Planning T+1 4 T+5 T= Final decision. 321 Rules of Procedure- Consents Regulation, under the Planning Act, R.S.O. 1990, Reg. 922, s. 8(c) Revoked O.Reg. 120/95. D11 Site Plan Control Planning 5 P P Application 2 years after final decision D12 Subdivision Plans Planning 5 P P Application 2 344 years after final decision_ Ontario Planning and Development Act, P.S.O. 1990, c. 3b, s.7, Repealed S.O. 1994, c.23, s.1. D13 Variances Planning T+2 P P T= Final decision D14 Zoning Planning T+2 - T+2 T= Final decision D15 Easements Planning T+1 5 T+6" T= Termination of right D16 Encroachments Planning T+1 5 T+6" T=Termination of right D17 Ar.nexation/Amal9amation ` Clerk's 1 P P" D18 Community Improvement Projects Planning T+1 5 T+6** T= Completion of project f)19 Munirinat Addressinn Planning S 10 S+10" _ 286 Legend: P- Permanent; *-Maximum Copy Retention; S- Superseded, T-Terminated - Subject to Archival Selection Village of Port Burwell 03-01-04 In accordance with Tab: Records Retention Page: 6 of 31 Association of Municipal Clerks and section: Schedule A to By-Law 96-46 Treasurers of Ontario Subject: Records Retention Schedule Date: 05 96 U Primary Heading: Development and Planning Class Resp. Keep' Off Total Cite Code Secondary Heading Dept. Dept. Site Ret. Remarks Table D20 Reference Plans Planning S P P D21 Industrial/Commercial Planning 5 5 10" Development D22 Temporary Uses Planning 5 P" P" D23 Part Lot Control Planning 5 P" P" Legend. P- Permanent: ' - Maximum Copy Retention: S- Superseded:T-Terminated - Subject to Archival Selection Village of Port Burwell 03-01-04 In accordance with' Tab: Records Retention Page: 7 of 31 Association of Municipal Clerks and section: Schedule A to By-Law 96-46 Treasurers of Ontario Subject: Records Retention Schedule Date. 05 96 Primary Heading: Environmental Services Class Resp. Keep' Off Total Cite Code Secondary Heading Dept. Deet. Site Ret. Remarks Table E00 Environmental Services Originating 1 - 1 E01 Sanitary Sewers Works 2 3 5 Specifications P 353 E02 Storm Sewers Works 2 3 5" Specifications P 353 E03 Treatment Plants Works 2 3 5 Specifications P. 353,357, 358,359 Effluent Monitoring- General Regulation under the Environmental Protection Act, O.Reg. 695/88, s. 4(5), (7), (10), (11), as am., O. Reg. 533/89, s. 3 Revoked O. Reg. 215/95, s. 38. E04 Trees Works 2 3 5 E05 Environmental Monitoring Public 2 3 5" Effluent 154,155, Health Monitoring- 222, General 246 315, Regulation under 353 the Environmental Protection Act, O.Reg. 695/88, s. 4(5), (7), (10), (11), as am., O. Reg. 533/89, s 3 Revoked O. Reg. 215/95, s. 38. E06 Utilities Works 2 3 5** 332, 333 Legend: P-Permanent; *-Maximum Copy Retention; S- Superseded;T-Terminated "- Subject to Archival Selection Village of Port Burwell 03-01-04 In accordance with. Tab: Records Retention Page: 8 of 31 Association of Municipal Clerks and Section: Schedule A to By-Law 96-46 Treasurers of Ontario Subject: Records Retention Schedule Date: 05 96 E07 Waste Management Works 2 8 10" 222, 238, 239, 240, 241, 242, 243, 244, 245, 246, 334, 335, 336, 337. 338, 339. 340, 341 E08 Water Works Works 2 3 5 Specifications P 353. 357, 358, 359, 360 E09 Drains Works 2 3 5" Specifications P 353 E10 Harbour Works 2 3 5" Specifications P Legend: P- Permanent; *-Maximum Copy Retention; S- Superseded; T -Terminated - Subject to Archival Selection Village of Port Burwell 03-01-04 In accordance with Tab: Records Retention Page: 9 of 31 Association of Municipal Clerks and section: Schedule A to By-Law 96-46 Treasurers of Ontario Subject Records Retention Schedule Date: 05 96 Primary Heading: Finance and Accounting Class Resp. Keep* Off Total Cite Code Secondary Heading Dept. Dept. Site Ret. Remarks Table F00 Finance and Accounting- Originating 1 - 1 Do not file General accounting records required for tax purposes F01 Accounts Payable Treasury 1 5 6 2, 3,4. 5,9, 10, 11, 23, 25, 145. 146, 148, 169, 170. 183, 196, 214, 223. 251. 258. 259, 260, 272, 273, 274, 343, 348 F02 Accounts Receivable Treasury 1 5 6 2, 3,4, 5, 10, 11, 23, 25, 169, 170. 183, 187, 196,223. 251, 270, 272, 273, 274, ` 288, 343, 348, F03 Audits Treasury 1 5 6 223 Legend. P- Permanent; '-Maximum Copy Retention; S- Superseded T-Terminated - Subject to Archival Selection Village of Port Burwell 03-01-04 In accordance with: Tab: Records Retention Page: 10 of 31 Association of Municipal Clerks and section: Schedule A to By-Law 96-46 Treasurers of Ontario Subject: Records Retention Schedule Date: 05 96 F04 Banking Treasury 1 5 6 T+7 for 3,4, 10, ambulance 11, 23, banking records 25, 146, 165,208, 251, 273, 274, 289, 343, 348 F05 Budgets and Estimates Treasury 1 5 6" 177 F06 Assets Treasury T+1 5 T+6" T= Disposal of 2,4, 5. asset 10, 25, 146,187, 251, 273. 27(343 Legend. P - Permanent, '- Maximum Copy Retention: S- Superseded; T-Terminated - Subject to Archival Selection - Village of Port Burwell 03-01-04 In accordance with Tab: Records Retention Page: 11 of 31 Association of Municipal Clerks and section: Schedule A to By-Law 96-46 Treasurers of Ontario Subject: Records Retention Schedule Date: 05 96 Primary Heading: Finance and Accounting Class Keep' Off Total Cite L Code Secondary Heading Resp. Dept. Site Ret. Remarks Table Dept. F07 Cheques Treasury 1 5 6 T+7 for 3, 10, ambulance 11, 23, service cheques 25, 146. 165, 169, 183, 196,223, 251. 284, 343, 348 F08 Debentures and Bonds Treasury T+1 5 T+6 T= Debentures 3, 10, surrendered for 11, 25, exchange/cancell 146, 1 ation 251. 282. 283, 284. 285. 343, 345, 348 F09 Employee and Council Expenses Treasury 1 5 6 3,4, 10, 11, 23, 25, 146, 170, 187, 196,251. 282, 284, 343, 348 F10 Financial Statements Treasury 2 P P" 223, 251, 343, 348 F11 Grants and Loans Treasury 1 5 6 3,4,6, 10, 25, 170,183, 251, 282, 284, 343, 348 S Legend: P- Permanent; '-Maximum Copy Retention; S- Superseded: T-Terminated "-Subject to Archival Selection Village of Port Burwell 03-01-04 In accordance with: Tab: Records Retention Page: 12 of 31 Association of Municipal Clerks and section: Schedule A to By-Law 96-46 Treasurers of Ontario Subject: Records Retention Schedule Date: 05 96 i F12 Investments Treasury T+1 5 T+6 T= Closure of 3, 5, 10, I account 25,146, 251, 282, 343, 348 F13 Journal Vouchers Treasury 1 5 6 T+7 for vouchers 2, 3, 9, related to 10, 11, ambulance 23, 146, 1 service 165. 169, 170, 183, 187, 196, 223,251 270, 287, 343. 348 Legend: P - Permanent: '-Maximum Copy Retention, S - Superseded, T- Terminated - Subject to Archival Selection Village of Port Burwell 03-01-04 • In accordance with Tab: Records Retention Page: 13 of 31 Association of Municipal Clerks and Section: Schedule A to By-Law 96-46 Treasurers of Ontario Subject: Records Retention Schedule Date: 05 96 Primary Heading: Finance and Accounting Class Keep' Off Total Cite Code . Secondary Heading Resp. Dept. Site Ret. Remarks Table Dept. F14 Subsidiary Ledgers, Registers. Treasury 1 5 6** 1, 2, 3, and Journals 5, 9, 10, 11, 25, 28, 29, 30, 31, 32, 146. 169, 170, 183, 187, 196, 223,251. 270, 284, 287, 343, 348 F15 General Ledgers and Journals Treasury 1 P P 3,4, 10, 11, 146, 169, 183, 187, 196, 223, 251, 270, 287, 343, 348 I - 1 11 F16 Payroll Treasury 1 5 6 1, 3, 10, 11, 25, 28, 29, 30, 31, 32, 146. 183, 196, 222, 223, 236,251, 284. 343, 348,361, 362,363 it Legend P- Pei nanent: '- Maximum Copy Retention; S - Superseded. T- Terminated - Subject to Archival Selection I Village of Port Burwell 03-01-04 In accordance with: Tab: Records Retention Page: 14 of 31 Association of Municipal Clerks and Section: Schedule A to By-Law 96-46 Treasurers of Ontario Subject: Records Retention Schedule Date: 05 96 F17 Purchase Orders and Treasury 1 5 6 1+7 for p.o.'s and 2, 3, 5. Requisitions requisitions 9, 10, related to 11, 23. ambulance 25, 146, service 165, 170, 196, 223,227. 251, 284. 343, 348 Fft Ountatinns and TPnriPrs Treasury Legend: P- Permanent; '-Maximum Copy Retention, S- Superseded. T-Terminated - Subject to Archival Selection • Village of Port Burwell 03-01-04 In accordance with. Tab: Records Retention page: 15 of 31 Association of Municipal Clerks and section: Schedule A to By-Law 96-46 Treasurers of Ontario Subject: Records Retention Schedule Date: 05 96 Prima Heading: Finance and Accounting Class Resp- Keep' Off Total Cite Code Secondar ry Heading Dept. Dept. Site Ret. Remarks Table F19 Receipts Treasury 1 5 6 T+7 for 2, 3, 9. ambulance 10, 25, service receipts 165. 183. 187, 196, 205,223. 251, 270, 343, 348 F20 Reserve Funds Treasury 1 5 6 343, 348 F21 Revenues Treasury 1 5 6 2,4.6, 11,25, 146, 169, 183, 187, 196, 223, 272, 273, 274, 287, 288, 243, 348 F22 Tax Rolls and Records Clerk's S P P 3,6, 10, 25, 142, 143, 282, 288, 305, 343, 348 F23 Write Offs Treasury 1 5 6 2, 10, 11, 343. 348 F24 frust Funds Onginating T 6 T+6 T= Closure of 174, account 221, 227,229. 343, 348 F25 Security Deposit Treasury T 6 T+6 T=Closure of 343, account 348 F26 I Working Papers t Treaurery T+1 - _ T+1 T=After audit Legend: P- Permanent; '-Maximum Copy Retention; S- Superseded, T-Terminated -Subject to Archival Selection Village of Port Burwell 03-01-04 In accordance with Tab: Records Retention Page: 16 of 31 Association of Municipal Clerks and section: Schedule A to By-Law 96-46 Treasurers of Ontario Subject: Records Retention Schedule Date: 05 96 F27 Collections Treasury 1 5 6 Legend P- Permanent; ' - Maximum Copy Retention; S - Superseded.T-Terminated - Subject to Archival Selection Village of Port Burwell 03-01-04 In accordance with Tab: Records Retention Page: 17 of 31 Association of Municipal Clerks and Section: Schedule A to By-Law 96-46 Treasurers of Ontario Subject: Records Retention Schedule Date: 05 96 ( Primary Heading: Human Resources Class Resp. Keep Off Total Cite Code Seconda Heading Dept. Det Site Ret. Remarks Table a --r— ,— H00 Human Resources-General Originating 1 1 H01 Attendance and Scheduling Personnel 2 - 2" 140, 222, 347, 359 H02 Benefits Personnel S - S H03 Employee Records Personnel T+1 5 T+6" T.Termination of 140,150. employment. 151, 152, Employment 164, Equity Plans 222, Regulation, under 231, • the Police 262, Services Act, O. 356,361, Reg. 153/91, s. 362,363 4(a)Revoked by O. Reg. 528/95, s.1 Legend: P-Permanent; '-Maximum Copy Retention; S- Superseded; T-Terminated "- Subject to Archival Selection Village of Port Burwell 03-01-04 In accordance with: Tab: Records Retention Page: 18 of 31 Association of Municipal Clerks and Section: Schedule A to By-Law 96-46 Treasurers of Ontario Subject: Records Retention Schedule Date: 05 96 H04 Health and Safety Personnel 1 6 7 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 163. 185, 222, 247, 308,309, 310,311, 334 H05 Human Resource Planning Personnel 5 - 5" Employment 149, 222 Equity Plans Regulation, under the Police Services Act. 0 Reg. 153/91, s. 4(a) Revoked by O. Reg. 528/95. s1 H06 Job Descriptions Personnel S - 5" Legend: P- Permanent, '- Maximum Copy Retention, S- Superseded. T-Terminated - Subject to Archival Selection Village of Port Burwell 03-01-04 In accordance with Tab: Records Retention Page: 19 of 31 Association of Municipal Clerks and section: Schedule A to By-Law 96-46 Treasurers of Ontario Subject: Records Retention Schedule Date: 05 96 Primary Heading: Human Resources Class Resp. Keep' Off Total Cite Code Secondary Heading • Dept. Dept. Site Ret. Remarks Table H07 Labour Relations Personnel T 10 T+10" T= Expiry of contract period H08 Organization Originating S - S" H09 Salary Planning Personnel 5 - 5 H10 Pension Records Personnel T - T T=Death of 317 employee/benefici ary Pension plans, annual information returns P H11 Recruitment Personnel 1 - 1" 222 H12 Training and Development Personnel S - 5** Only courses developed and presented by the Municipality are subject to archival selection Legend. P- Permanent; ' -Maximum Copy Retention; S- Superseded; T-Terminated " - Subject to Archival Selection Village of Port Burwell 03-01-04 In accordance with Tab: Records Retention Page: 20 of 31 Association of Municipal Clerks and section: Schedule A to By-Law 96-46 Treasurers of Ontario Subject: Records Retention Schedule Date: 05 96 Primary Heading: Legal Affairs' Class Resp. Keep' Off Total Cite , Code Secondary Heading_ Dept. Dept. Site Ret. Remarks Table i l L00 Legal Affairs-General Originating 1 1 L01 Appeals and Hearings Clerk's T P P T= Resolution of appeal L02 Claims Against the Municipality Clerk's T 1 T+1 T= Resolution of claim and all appeals L03 Claims By the Municipality Clerk's T 1 T+1 T= Resolution of claims and all appeals L04 Contracts and Agreements- Clerk's T 20 T+20" T= Termination of 22, 277 Under Seal _ agreement _ L05 Insurance Appraisals Clerk's S - S L06 Insurance Policies Clerk's T+1 19 T+20 T= Expiry of policy 107, 263, 264, 266, 267,268 L07 Land Acquisition and Sale Clerk's T 20 T+20" T= Property 25, 275, disposition 276, 277, 284 L08 Opinions and Briefs Clerk's S - S" L09 Precedents Clerk's S - S- 1 L10 Federal Legislation Originating S - S i L11 Provincial Legislation Originating S - S L12 Vital Statistics Clerk's 2 P P Marriage licences 280, 2 years 281, 354, 355 L13 Prosecutions Originating T 7 T+7 T= Delivery of judgement L14 Contracts and Agreements- Clerk's T+1 5 T+6" T=Expiry of 223,256. Simplecontract 270,278 L15 Tax Certificates Clerk's T+1 5 T+6" T= Date of request Legend P- Permanent; '- Maximum Copy Retention; S- Superseded; T-Terminated ** - Subject to Archival Selection Village of Port Burwell 03-01-04 In accordance with: Tab: Records Retention Page: 21 of 31 Association of Municipal Clerks and section: Schedule A to By-Law 96-46 Treasurers of Ontario Subject: Records Retention Schedule Date: 05 96 Prima Heading: Media and Public Records i Class f Resp. Keep` Off Total Cite Code Secondary Heading I Dept, Dept. Site Ret. Remarks Table . MOO Media and Public Relations- Originating 1 - 1 General MO1 Advertising Originating 1 - 1** M02 Ceremonies and Events Originating 1 4 5" 1 M03 Charitable Campaigns/Fund Originating 1 - 1 Raising M04 Complaints, Commendations and Originating 1 - 1" 324 Inquiries M05 News Clippings Originating 1 - 1" M06 News Releases Originating 1 - 1" M07 Publications Originating S - S" M08 Speeches and Presentations Originating 1 2 3" M09 Visual Identity and Insignia Clerk's S 5 S+5** I, Legend: P- Permanent: `-Maximum Copy Retention, S- Superseded; T-Terminated - ** - Subject to Archival Selection Village of Port Burwell 03-01-04 In accordance with: Tab: Records Retention Page: 22 of 31 Association of Municipal Clerks and section: Schedule A to By-Law 96-46 Treasurers of Ontario Subject: Records Retention Schedule Date: 05 96 Primary Heading: Protection and Enforcement Services Class Resp. Keep' Off Total Cite Code Secondary Heading Dept. Dept. Site Ret. Remarks Table P00 Protection& Enforcement Originating 1 - 1 Services-General P01 By-law Enforcement Originating 2 4 6" ' P02 Daily Occurrence Logs Originating 1 4 5" P03 Emergency Planning Originating S - S" 27, 173, 189, 191, • 226,228 PO4 Hazardous Materials Originating S - S T+5 years for 26, 27, PCB matenal 334 storage records after PCB removed from site P05 Incident/Accident Reports Originating T 2 T+2 T=Cause of 167, 247 action or age of majority P06 Building and Structural Building S - S T+2 for 162, Inspections inspections, 182, 228 maintenance and testing related to the fire code P07 Health Inspections Public S - S Health P08 Investigations Originating 2 8 10" 322 I P09 Licences Clerk's T 2 1+2 T= Expiry of 1 licence P10 Building Permits Building 2 P P 5 years off-site for 1 residential permits P11 Permits, Other Originating T 2 T+2 T= Expiry of , permit P12 Warrants Police T+2 - T+2 T= Execution of 222 I warrant t P13 Criminal Records Police T 5 T+5 T= Occurrence 222 1 investigation closed or disposition of charge Legend: P- Permanent: '- Maximum Copy Retention: S-Superseded, T- Terminated - Subject to Archival Selection Village of Port Burwell 03-01-04 In accordance with Tab: Records Retention Page: 23 of 31 Association of Municipal Clerks and section: Schedule A to By-Law 96-46 Treasurers of Ontario Subject: Records Retention Schedule Date: 05 96 I PrimaryHeadingLProtection and Enforcement Services Class Resp. Keep' Off Total Cite Code Secondary Heading Dept. Dept. Site Ret. Remarks Table • P14 Animal Control Originating 2 3 7, 8, 14, 15, 16, 17, 18, 19, 20, 21, 22, 327 P15 Community Protection Programs Originating S 2 S+2" P16 Fire Department Cleric's S 2 S+2** Legend: G- Permanent: *- Maximum Copy Retention; S- Superseded: T- Terminated "- Subject to Archival Selection Village of Port Burwell 03-01-04 In accordance with: Tab: Records Retention Page: 24 of 31 Association of Municipal Clerks and Section: Schedule A to By-Law 96-46 Treasurers of Ontario Subject: Records Retention Schedule Date: 05 96 IPrimary Heading: Recreation and Culture Class Resp. Keep' Off Total Cite Code Secondary Heading Dept. Dept. Site Ret. Remarks Table R00 Recreation and Culture- General Originating 1 - 1 R01 Heritage Preservation Clerk's T - T" T= Removal of 312 designation R02 Library Services Clerk's 2 3 5 328 R03 Museum and Archival Services Clerk's 2 3 5" 222 R04 Parks Management Parks& 2 3 5" 290, Recreation 329. 330 R05 Recreational Facilities Parks& 2 3 5 316, 331 Recreation R06 Recreational Programming Parks& 2 3 5" 222 Recreation R07 Cultural Facilities Clerk's 2 3 5" Legend: P- Permanent:'-Maximum Copy Retention, S-Superseded, T-Terminated "- Subject to Archival Selection Village of Port Burwell 03-01-04 In Accordance with: Tab: Records Retention Page: 25 of 31 Association of Municipal Clerks and section: Schedule A to By-Law 96-46 Treasurers of Ontario Subject: Records Retention Schedule Data: 05 96 Primar r�Heading: Social and Health Care Services Class Resp. Keep' Off Total Cite Code Secondary Heading Dept. Dept. Site Ret. Remarks Table . S00 Social and Health Care Services- Originating 1 - 1 General SO1 Children's Day Nursery Services Comm 2 3 5 Fire drills 2 years 172, Service Inspection reports 175, 2 years 176, 179, 181. 185, 186, 190. 191, 192, 222, 232. 233, 234, 235 SO2 Elderly Assistance Comm 2 3 5 Fire drills 2 years 306, 307 Service S03 Homes for the Aged Residents Comm T+2 18 T+20 T= Date of last 102,103. Service entry 220, 202, 204. 205, 206, 209, 210. 211. 215, 216 217, 218, 222. 224, 226, 228, 350 SO4 Social Assistance Programs Comm 2 3 5 Service S05 Welfare Case Records Comm T+2 5 T+7 T= File closed 222. 346 Service S06 Medical Case Records Public T+1 5 T+6 T= Discharge of 102. Health patient 222, 261, 350 Legend: P- Permanent; '- Maximum Copy Retention; S- Superseded: T- Terminated - Subject to Archival Selection Village of Port Burwell 03-01-04 In accordance with Tab: Records Retention Page: 26 of 31 Association of Municipal Clerks and Section: Schedule A to By-Law 96-46 Treasurers of Ontario Subject: Records Retention Schedule Date: 05 96 S07 Children's Services Comm 2 3 5 349 Service S08 Public Health Public 2 3 5 Health S09 Cemetery Records Clerk's 2 P P" 157. 158, 159, 160 S10 Day Nursery Case Records Comm T+2 - T+2 T= Discharge of 102. Service child 174. 182, 222, 331 Legend P- Permanent, '- Maximum Copy Retention; S- Superseded, T- Terminated " - Subject to Archival Selection Village of Port Burwell 03-01-04 In accordance with Tab: Records Retention Page: 27 of 31 Association of Municipal Clerks and s.ction: Schedule A to By-Law 96-46 Treasurers of Ontario Subject: Records Retention Schedule oats: 05 96 i j Primary Headins: Transportation Class Resp. Keep' Off Total Cite Code I Secondary Heading Dept. Dept. r Site Ret. Remarks Table TOO Transportation-General Originating 1 - 1 T01 Illumination Works T 6 T+6 T=Completion of project specifications P 1 T02 Parking Works T 6 T+6 T=Closure of lot or space T03 Public Transit Works T 6 T+6" T=Closure of 104. route/shelter/stop 105, 106, 237, 252, 351 T04 Road Construction Works T 6 1+6" T= Completion of 286 project specifications P T05 Road Design and Planning Works I 1 6 T+6" T= Completion of 286 project specifications P T06 Road Maintenance Works T 6 T+6 T=Completion of project specifications P T07 Signs and Signals Works T 6 1+6 T=Removal of sign/signal T08 , Traffic Works 2 8 10" T09 Roads and Lanes Closures Works P - P" Temporary closures 2 years T10 Inner Harbour-Construction Clerk's T 6 T+6 T=Completion of project Specifications P _ T11 Inner Harbour- Design and Clerk's T 6 1+6 T=Completion of Planning project Specifications P T12 Inner Harbour-Maintenance and Clerk's 1 5 6 Dredging 113 Inner Harbour- Navigational Aids Clerk's S 6 S+6 s T14 Inner Harbour-Traffic Clerk's 1 5 6 Legend P- Permanent; '-Maximum Copy Retention, S- Superseded T-Terminated - Subject to Archival Selection Village of Port Burwell 03-01-04 In accordance with: Tab: Records Retention Page: 28 of 31 Association of Municipal Clerks and Section: Schedule A to By-Law 96-46 Treasurers of Ontario Subject: Records Retention Schedule Date: 05 96 T15 Inner Harbour- Marina Clerk's T 6 T+6 T=Completion of project Specifications P T16 Railways Clerk's P - P"" Legend. P- Permanent; "-Maximum Copy Retention; S- Superseded, T- Terminated " - Subject to Archival Selection Village of Port Burwell 02-01-04 In accordance with: Tab: Records Retention Page: ,_1 of 31 Association of Municipal Clerks and Section: Schedule A to By-Law 96-46 Treasurers of Ontario Subject: Records Retention Schedule Date: 05 96 Primary Heading: Utilities Operations Class Resp. Keep* Off Total Cite Code Secondary Heading Dept. Dept. Site Ret. Remarks Table U00 Utilities Operations-General Originating 1 - 1 U01 Trouble Calls Works 1 5 6 UO2 Work Orders Works 1 5 6 UO3 Projects Works T 6 T+6 T=Completion of Project U04 Materials Specifications and Works P - P•• Standards U05 Inspections Works P - P•• U06 Engineering Drawings and Maps Works P - P•• U07 Operations Equipemtn and Works S 6 S+6 Supplies U08 Metering Works P - P" U09 Stations Operations Works 2 P P•• U10 Production and Quality Testing Works 2 P P and Analysis U11 Stations Maintenance Works 2 P P•• U12 Stations Constructiona nd Works P P•• Renovations U13 Street Lights and Signals Works 2 P P•• U14 Tree Tnmming and Brush Works 1 5 6 Removal U15 Public Transit Works 1 5 6 U16 Parks and Zoos Works 1 5 6 , Village of Port Burwell 03-01-04 In accordance with: Tab: Records Retention Page: 29 of 31 Association of Municipal Clerks and section: Schedule A to By-Law 96-46 Treasurers of Ontario Subject: Records Retention Schedule Date: 05 96 UPrimary Heading: Vehicles and E uipment J Class Resp. Keep' Off Total Cite Code Secondary Heading Dept. Dept. Site Ret. Remarks Table V00 Vehicles and Equipment- Originating 1 - General V01 Fleet Management Originating T+1 5 T+6 T+7 for 13, 103. ambulance 104, service fleet 105, records. 106, 166, Motor Vehicle 222, Safety Act, R.S.C. 252, 1985. Repealed 253, 254 S.C. 1993. c. 1(b), 255, 257 s. 22. V02 Mobile Equipment Originating T+1 5 T+6 364 I V03 Transportable Equipment Originating T+1 5 T+6 VO4 I Protective Equipment Originating T+1 5 T+6 Legend P- Permanent. *- Maximum Copy Retention; S- Superseded, T - Terminated - Subject to Archival Selection Village of Port Burwell 03-01-04 In accordance with Tab: Records Retention Page: 1 of 18 Association of Municipal Clerks and Section: Schedule B to By-Law 96-46 Treasurers of Ontario Subject: Records Retention Schedule Date: 05 96 Primary Headin•: Administration Class Resp. Keep' Off Total Cite Code Secondary Heading Dept. Dept. Site Ret. Remarks Table NA00 Administration- General Originating 1 - 1 NA01 Associations and Organizations Onginating 1 - 1 . NA02 Staff Committees and Meetings Originating 1 3 4— 308,309, 310 NA03 Computer/Information Systems Treasury S 3 S+3 24 NA04 Conferences and Seminars Originating 1 - 1" Only those sponsored by the Municipality are subject to archival review NA05 Consultants Originating 2 - 2" 222 _ NA06 Inventory Control Originating 1 5 6 2, 7, 8, 11, 14, 15, 16, 17, 18, 19, 20, 21,22, 25, 188. 194, 195 NA07 Office Equipment and Furniture Originating T - T T= Disposal of item NA08 Office Services Originating 1 - 1 NA09 Policies and Procedures Originating S P P" NA10 Records Management Clerk's S - S 100 NA11 Records Disposition Clerk's P - P 100 NA12 Telecommunications Systems Originating S - S NA13 Travel and Accommodation Originating 1 - 1 NA14 Uniforms and Clothin. i` On•inatin. • S - S" NA15 Vendors and Suppliers Originating 2 - 2 NA16 Intergovernmental Relations Onginating 1 4 5** NA17 Accessibility of Records(FOI) Clerk's 2 - 2 222 NA18 Security Originating 2 3 _ 5 Legend: P- Permanent; *-Maximum Copy Retention; S- Superseded: T- Terminated "- Subject to Archival Selection Village of Port Burwell 03-01-04 In accordance with: Tab: Records Retention Page: 2 of 18 Association of Municipal Clerks and Section: Schedule B to By-Law 96-46 Treasurers of Ontario Subject: Records Retention Schedule Date: 05 96 IPrimary Headin : Administration { Class Resp. Keep* Off Total Cite Code Secondary Heading Dept. Dept. Site Ret. Remarks Table NA19 Facilities Construction and Originating T 6 T+6** T=Completion of 198,311 Renovations project- Specifications permanent NA20 Building and Property Originating 2 4 6 161. Maintenance 168, 197, 201, • 212, 248, 249, 316 NA21 Facilities Bookings Originating 1 - 1 Legend P- Permanent; '-Maximum Copy Retention, S - Superseded; T - Terminated - Subject to Archival Selection , Village of Port Burwell 03-01-04 In accordance with- Tab: Records Retention Page: 3 of 18 Association of Municipal Clerks and Section: Schedule B to By-Law 96-46 Treasurers of Ontario Subject: Records Retention Schedule Date: 05 96 Primary Heading: Council and By-Laws 1 LClass Resp. Keep` Off Total Cite Code Secondary Heading Dept. Dept. Site Ret. Remarks Table NC00 Council and By-Laws- General Onginating 1 - 1 NC01 By-Laws Clerk's P - P" Copy retention S 250, 292, 346, 347 NCO2 By-Laws-Other Clerk's S - S Municipalities NC03 Council Agenda Clerk's S 5 S+5 NC04 Council Minutes Clerk's P - P" Copy retention 2 292, years 347,365, Working notes 6 366,367. years 368 NC05 Council Committee Agenda Clerk's S - S NC06 Council Committee Minutes Clerk's 6 - 6" 250, 290, 319,320, 330,365, 366,367, 368 NC07 Elections Clerk's T+90 - T+90 T=election of new 289, days days Council 295, 296, 297, 298, 299, 300, 301. 302, 303, 304 NC08 Goals and Objectives Originating S - s— NC09 Motions and Resolutions Clerk's P - P" Copy retention 1 250, year 292, 347 NC10 Motions and Resolutions-Other = Clerk's S - S Municipalities NC11 Re••rts to Council Clerk's 1 P P" 292 NC12 Appointments to Boards and Clerk's 1 P P" 292 rnmmittPPs Legend: P-Permanent; •-Maximum Copy Retention; S- Superseded; T- Terminated •'- Subject to Archival Selection Village of Port Burwell 03-01-04 In accordance with: Tab: Records Retention Page: 4 of 18 Association of Municipal Clerks and section: Schedule B to By-Law 96-46 Treasurers of Ontario Subject: Records Retention Schedule Dau: 05 96 Primary Heading: Finance and Accounting Class Resp. Keep' Off Total Cite Code Secondary Heading Dept. Dept. Site Ret. Remarks Table - - NFOO Finance and Accounting - Originating 1 - 1 Do not file General accounting records required for tax purposes NFO1 Accounts Payable Treasury 1 5 6 2, 3,4, 5,9, 10, 11, 23, 25, 145, 146. 148, 169, 170. 183. 196. 214, 223, 251. 258, 259, 260, 272, 273, 274, 343, 348 NFO2 Accounts Receivable Treasury 1 5 6 2, 3,4, 5, 10, 11, 23, 25, 169, 170, 183, 187, 196,223, 251, 270, 272, 273. 274, 288, 343, 348, NFO3 Audits Treasury 1 5 6 223 Legend: P- Permanent; *-Maximum Copy Retention, S- Superseded, T- Terminated "-Subject to Archival Selection Village of Port Burwell 03-01-04 In accordance with: Tab: Records Retention Page: 5 of 18 Association of Municipal Clerks and section: Schedule B to By-Law 96-46 Treasurers of Ontario Subject: Records Retention Schedule oats: 05 96 • NF04 Banking Treasury 1 5 6 T+7 for 3,4, 10, ambulance 11, 23, banking records 25, 146, 165,208. 251, 273, 274, 289, 343, 348 NF05 Budgets and Estimates Treasury 1 5 6" 177 NFO6 Assets Treasury T+1 5 T+6" T= Disposal of 2,4, 5, I asset 10, 25, 146,187, 251, 273, 274 343 Legend. P- Permanent; *-Maximum Copy Retention: S- Superseded, T-Terminated - Subject to Archival Selection Village of Port Burwell 03-01-04 In accordance with: Tab: Records Retention Page: 6 of 18 Association of Municipal Clerks and Section: Schedule B to By-Law 96-46 Treasurers of Ontario Subject: Records Retention Schedule Date: 05 96 Primary Heading: Finance and Accounting Class Keep' Off Total Cite Code Secondary Heading Resp. Dept. Site Ret. Remarks Table Dept. NFO7 Cheques Treasury 1 5 6 T+7 for 3, 10, ambulance 11, 23, service cheques 25, 146, 165, 169, 183, 196,223 251, 284, 343, 348 NFO8 Debentures and Bonds Treasury T+1 5 T+6 T= Debentures 3, 10, surrendered for 11,25, exchange/cancel) 146, ation 251, 282, 283, 284, 285, 343, 345, 348 NFO9 Employee and Council Expenses Treasury 1 5 6 3,4, 10, 11,23, 25, 146, 170, 187, 196,251, 282, 284, 343, 348 NF10 Financial Statements Treasury 2 P P" 223, 251, 343, 348 NF11 Grants and Loans Treasury 1 5 6 3, 4,6, 10,25, 170,183, 251, 282, 284, 343, 348 Legend. P - Permanent: '-Maximum Copy Retention. S- Superseded,T-Terminated - Subject to Archival Selection Village of Port Burwell 03-01-04 In accordance with. Tab: Records Retention Page: 7 of 18 Association of Municipal Clerks and Section: Schedule B to By-Law 96-46 Treasurers of Ontario Subject: Records Retention Schedule Date: 05 96 NF12 Investments Treasury T+1 5 T+6 T= Closure of 3, 5, 10, account 25,146, 251, 282, 343, 348 NF13 Journal Vouchers Treasury 1 5 6 T+7 for vouchers 2, 3, 9, related to 10, 11, ambulance 23, 146, service 165, 169, 170, 183. 187, 196, 223,251. 270, jl 287, I� 343, 348 Legend: P- Permanent: *-Maximum Copy Retention; S- Superseded; T-Terminated - Subject to Archival Selection Village of Port Burwell 03-01-04 In accordance with: Tab: Records Retention Page: 8 of 18 Association of Municipal Clerks and Section: Schedule B to By-Law 96-46 Treasurers of Ontario Subject: Records Retention Schedule Date: 05 96 Primary Heading: Finance and Accounting Class Keep' Off Total Cite Code Secondary Heading Resp. Dept. Site Ret. Remarks Table • Deet. NF14 Subsidiary Ledgers, Registers, Treasury 1 5 6" 1,2, 3, and Journals 5, 9, 10, 11, 25, 28, 29, 30, 31, 32, 146, 169, 170, 183, 187, 196, 223,251. 270, 284. 287, 343, 348 NF15 General Ledgers and Journals Treasury 1 P P 3,4, 10, 11, 146, 169, 183, 187, 196, 223, 251, 270, 287, 343, 348 NF16 Payroll Treasury1 5 6 1, 3, 10. Y 11, 25, 28,29, 30, 31, 32, 146, 183, 196, 222, 223, 236,251. 284, 343, 348,361. _ 362,363 Legend: P-Permanent; '-Maximum Copy Retention; S - Superseded: T- Terminated - Subject to Archival Selection Village of Port Burwell 03-01-04 In accordance with. Tab: Records Retention Page 9 of 18 Association of Municipal Clerks and S.ction: Schedule B to By-Law 96-46 Treasurers of Ontario SubOct: Records Retention Schedule Date. 05 96 NF17 Purchase Orders and Treasury 1 5 6 T+7 for p o.'s and 2, 3, 5, Requisitions requisitions 9, 10, related to 11,23, ambulance 25, 146, service 165, 170, 196, [ 223,227, 251, 284, 343, 348 NF1fl Ountations apd,TPnders TrP�suty 1 5 fi" Legend P- Permanent; '-Maximum Copy Retention: S- Superseded: T-Terminated Subject to Archival Selection Village of Port Burwell 03-01-04 In accordance with: Tab: Records Retention Page: 10 of 18 Association of Municipal Clerks and section: Schedule B to By-Law 96-46 Treasurers of Ontario subject: Records Retention Schedule Date: 05 96 ftt Primary Heading: Finance and Accounting t Class I Resp. Keep' Off Total Cite Code I Secondary Heading Dept. Dept. Site Ret. Remarks Table NF 19 Receipts Treasury 1 5 6 T+7 for 2, 3, 9, ambulance 10,25, service receipts 165, 183, 187, 196, 205,223. 251, 270, 343, 348 NF20 Reserve Funds Treasury 1 5 6 343, 348 NF21 Revenues Treasury 1 5 6 2,4,6, 11, 25, 146, 169, 183, 187. 196, 223. 272, 273. 274, 287, 288. 243, 348 NF22 Tax Rolls and Records Clerk's S P P 3,6, 10, 25, 142. 143, 282, 288. 305. 343, 348 NF23 Write Offs Treasury 1 5 6 2, 10, 11, 343, 348 NF24 Trust Funds Originating T 6 T+6 T=Closure of 174, account 221, 227,229, 343. 348 I NF25 Security Deposit Treasury T 6 T+6 T=Closure of 343. account 348 Legend P-Permanent; '-Maximum Copy Retention, S - Superseded: T - Terminated - Subject to Archival Selection Village of Port Burwell 03-01-04 In accordance with Tab: Records Retention Page: 11 of 18 Association of Municipal Clerks and Section: Schedule B to By-Law 96-46 Treasurers of Ontario Subject: Records Retention Schedule Date: 05 96 NF26 Working Papers Treasury T+1 - T+1 T=After completion of audit Legend P- Permanent; '- Maximum Copy Retention S - Superseded; T - Terrnnated " - Subject to Archival Selection Village of Port Burwell 03-01-04 In accordance with: Tab: Records Retention Page: 12 of 18 Association of Municipal Clerks and Section: Schedule B to By-Law 96-46 Treasurers of Ontario Subject: Records Retention Schedule Date: 05 96 Primary Heading: Human Resources Class Resp. Keep' Off Total Cite Code Secondary Heading Dept. Dept. Site Ret. Remarks Table _ NHOO Human Resources-General Originating 1 1 NHO1 Attendance and Scheduling Personnel 2 - 2" 140. 222, 347, 359 NHO2 Benefits Personnel S - S NHO3 Employee Records Personnel T+1 5 T+6" T=Termination of 140,150, employment 151, 152, Employment 164, Equity Plans 222, Regulation, under 231, the Police 262, Services Act, O 356,361, Reg. 153/91, s. 362.363 4(a) Revoked by O. Reg. 528/95, s.1 Legend: P- Permanent; *- Maximum Copy Retention: S - Superseded; T-Terminated - Subject to Archival Selection Village of Port Burwell 03-01-04 In accordance with: Tab: Records Retention Page: 13 of 18 Association of Municipal Clerks and section: Schedule B to By-Law 96-46 Treasurers of Ontario Subject: Records Retention Schedule Date: 05 96 NH04 Health and Safety Personnel 1 6 7 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 163, 185, 222, 247, 308,309, 310,311, 334 NHO5 Human Resource Planning Personnel 5 - 5" Employment 149, 222 Equity Plans Regulation, under the Police Services Act, 0. Reg. 153/91, s. 4(a) Revoked by 0. Reg. 528/95, s.1 NHO6 Job Descriptions Personnel S - S" 1 Legend: P-Permanent; *-ME.'imum Copy Retention, S- Superseded; T- Terminated - Subject to Archival Selection Village of Port Burwell 03-01-04 In accordance with: Tab: Records Retention Page: 14 of 18 Association of Municipal Clerks and Section: Schedule B to By-Law 96-46 Treasurers of Ontario Subject: Records Retention Schedule Date: 05 96 Primary Heading: ,Human Resources Class Resp. Keep` Off Total Cite Code Secondary Heading Dept. Dept. Site Ret. Remarks Table NHO7 Labour Relations Personnel T 10 T+10" T= Expiry of contract period NH08 Organization Originating - S" NH09 Salary Planning Personnel 5 - 5 NH10 Pension Records Personnel T - T T=Death of 317 employee/benefici ary Pension plans, annual information returns P NH11 Recruitment Personnel 1 - 1" 222 NH12 Training and Development Personnel S - S" Only courses developed and presented by the Municipality are subject to archival selection Legend: P-Permanent; '-Maximum Copy Retention; S - Superseded; T-Terminated "- Subject to Archival Selection Village of Port Burwell 03-01-04 In accordance with: Tab: Records Retention Page: 15 of 18 Association of Municipal Clerks and Section: Schedule B to By-Law 96-46 Treasurers of Ontario Subject: Records Retention Schedule Date: 05 96 Primary Heading: Legal Affairs, Class Resp. Keep' Off Total Cite Code Secondary Heading Dept ' Dept. Site Ret. Remarks Table NLOO Legal Affairs-General Originating 1 - 1 NL01 Appeals and Hearings Clerk's T P P T= Resolution of appeal NL02 Claims Against the Municipality Clerk's T 1 T+1 T= Resolution of claim and all appeals NL03 Claims By the Municipality Clerk's T 1 T+1 T= Resolution of claims and all appeals NL04 Contracts and Agreements - Clerk's T 20 T+20" T=Termination of 22, 277 Under Seal agreement NL05 Insurance Appraisals Clerk's S - S NL06 Insurance Policies Clerk's T+1 19 T+20 T= Expiry of policy 107, 263, 264, 266, 267, 268 NL07 Land Acquisition and Sale Clerk's T 20 T+20" T= Property 25, 275, disposition 276, 277, 284 NLO8 Opinions and Briefs Clerk's S - S" NL09 Precedents Clerk's S - S" NL10 Federal Legislation Originating S - S NL11 Provincial Legislation Originating S - S NL12 Vital Statistics Clerk's 2 P P Marriage licences 280, 2 years 281, 354, 355 NL13 Prosecutions Originating T 7 T+7 T= Delivery of judgement NL14 Contracts and Agreements- Clerk's T+1 5 T+6" T= Expiry of 223,256, Simplecontract 270,278 Legend: P-Permanent '- Maximum Copy Retention, S - Superseded; T-Terminated "- Subject to Archival Selection Village of Port Burwell 03-01-04 In accordance with: Tab: Records Retention Page: 16 of 18 Association of Municipal Clerks and section: Schedule B to By-Law 96-46 Treasurers of Ontario Subject: Records Retention Schedule Date: 05 96 Primary Heading: Media and Public Records Class Resp. Keep` Off Total Cite Code Secondary Heading Dept. Dept. Site Ret. Remarks Table NMOO Media and Public Relations- Originating 1 - 1 General NM01 Advertising Originating 1 - 1" NM02 Ceremonies and Events Originating 1 4 5** NM03 Charitable Campaigns/Fund Originating 1 - 1 Raising NM04 • Complaints, Commendations and Originating 1 - 1" 324 Inquiries NM05 News Clippings Originating 1 - 1" NM06 News Releases Originating 1 - 1" NM07 Publications Originating S - S" NM08 Speeches and Presentations Originating 1 2 3" NM09 Visual Identity and Insignia Clerk's S 5 S+5" • Legend: P- Permanent;'-Maximum Copy Retention; S-Superseded; T-Terminated "-Subject to Archival Selection Village of Port Burwell 03-01-04 In accordance with: Tab: Records Retention Page: 17 of 18 Association of Municipal Clerks and section: Schedule B to By-Law 96-46 Treasurers of Ontario Subject: Records Retention Schedule Date: 05 96 1 Primary Heading: Protection and Enforcement Services Class Resp. Keeps Off Total Cite Code Secondary Heading Dept. Dept. Site Ret. Remarks Table NPOO Protection & Enforcement Originating 1 - 1 Services- General NP01 By-law Enforcement Originating 2 4 6" NP02 Daily Occurrence Logs Originating 1 4 5" NP03 Emergency Planning Originating S - S" 27, 173, 189, 191, 226,228 NP04 Hazardous Materials Originating S - S T+5 years for 26, 27, PCB material 334 storage records after PCB removed from site NP05 Incident/Accident Reports Originating T 2 T+2 1=Cause of 167, 247 action or age of majority NP06 Building and Structural Building S - S T+2 for 162, Inspections inspections, 182,228 maintenance and testing related to the fire code NP07 Health Inspections Public S - S Health NP08 Investigations Originating 2 8 10" 322 NP09 Licences Clerk's T 2 T+2 T= Expiry of licence NP10 Building Permits Building 2 P P 5 years off-site for residential permits NP11 Permits, Other Originating T 2 T+2 T= Expiry of permit I NP12 Warrants Police T+2 - T+2 T= Execution of 222 warrant , NP13 Criminal Records Police T 5 1+5 T= Occurrence 222 investigation closed or disposition of charge Legend: P- Permanent; '-Maximum Copy Retention; S- Superseded; T-Terminated **-Subject to Archival Selection Village of Port Burwell 03-01-04 In accordance with: Tab: Records Retention Page: 18 of 18 Association of Municipal Clerks and Section: Schedule B to By-Law 96-46 Treasurers of Ontario Subject: Records Retention Schedule Date: 05 96 Primary Heading: Protection and Enforcement Services Class Resp. Keep' Off Total Cite Code Secondary Heading Dept. Dept. Site Ret. Remarks Table NP14 Animal Control Originating 2 3 5 7, 8, 14, 15, 16, 17, 18, 19, 20, 21, 22, 327 NP15 Community Protection Programs On9inatin9 S 2 S+2" Legend: P- Permanent; '- Maximum Copy Retention; S- Superseded; T- Terminated - Subject to Archival Selection The Corporation of the Village of Port Burwell PO Box 10 21 Pitt Street Port Burwell ON NOJ 1T0 By-Law 96-47 [ 0 0 of .0 eZ J Being a by-law to authorize the Reeve and the Administrator/Clerk- Treasurer to enter into an Employment Agreement with Donna Lamoure for the purpose of the operation of the Concession Stand at the Baseball Diamond. 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 the municipality has deemed it necessary to enter into an Employment Agreement with Donna Lamoure for the purpose of the operation of the Concession Stand at the Baseball Diamond, and; WHEREAS Donna Lamoure will be covered by the liability insurance of the Village of Port Burwell as well as the Worker's Compensation for the Village of Port Burwell. NOW THEREFORE the Council of the Corporation of the Village of Port Burwell hereby directs the Administrator/Clerk-Treasurer to execute the employment agreement with Donna Lamoure attached hereto as Schedule "A" of this bylaw. Read a first and second f 1• this 8th day of October, 1996 Ao.i.. ,r, Ad ii . or/t erk- ' easu er/ /t. . ��I �iI '•eve Read a third time an>ally passed on this 8th day of October, 1996 4 Ale Ille dminis .- • ' easurer v • eeve The Corporation of the Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell, Ontario By-Law 96-48 CO D, `11 Do] Being a By-Law to Stop up and Close a Travelled Road, Part 2 of Reference Plan 11 R-6029 in the Vicinity of Chatham Street and Cowper Street. WHEREAS the Municipal Act R.S.O. 1990, c. M.45, s.297, as amended provides that; (1) The council of every municipality may pass by-laws, (a)for establishing and laying out highways; (b)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 fora 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. WHEREAS the Municipal Act R.S.O. 1990, c. M.45, s.297 and 300, as amended sets out the out the procedures for the stopping up and closing of a highway and; WHEREAS the Municipal Act R.S.O. 1990, c. M.45, s. 315 p. 1 and 2 provides procedures for the sale of closed highways; 315. (1) Subject to sections 316 and 317, where a highway or any part of a highway over which a municipality has jurisdiction has been closed under this Act, the Registry Act or the Land Titles Act and the council of the municipality determines to sell the land forming the highway or the part of the highway so closed, the land shall be sold in accordance with this section. 1 (2) The council shall by by-law set the sale price of the land to be sold and shall offer to sell it to the owner of the land abutting the land to be sold and where, (a) there are parcels of land abutting on opposite sides of the land to be sold, the owner of each parcel has the right offirst refusal to purchase the land to its middle line; (b) the land to be sold is abutted on one side by a highway that has not been closed or by a stream, river or other body of water over which the public has rights of navigation or of floating timber, the owner whose land abuts the land to be sold on the other side has the right offirst refusal to purchase the land; (c) the land to be sold does not include the whole width of the former highway, the owner whose land abuts on the land to be sold has the right of first refusal to purchase the land. (3) Sale to other persons.-If a person entitled under subsection (2) to purchase the land does not exercise the right to purchase within such period as may be fixed by by-law, the municipality may sell the land that the person had the right to purchase to any other person at the price set under subsection (2)or at a greater price. WHEREAS Council deems it expedient to stop up, close and sell subject to a 20 foot easement to- remain as a pedestrian walkway and drainage easement along the most southerly boundary of the municipal road allowance known as travelled road, Part of Part 2 of Reference Plan 11 R-6029 in accordance to the sketch attached hereto as Schedule "A"; NOW THEREFORE the Council of the Village of Port Burwell hereby enacts as follows: (1) THAT Part 2 of Reference Plan 11R-6029 as described on Schedule "A" attached hereto is hereby stopped up, closed and to be offered for sale in accordance with the provisions in the Municipal Act, R.S.O. 1990, c. M.45 as amended. (2) THAT the south half of the said part of Part 2, Reference Plan 11 R-6029, be offered for sale to the owner(s) of the abutting land to the north at a sale price of $2.50 per square foot plus survey and legal costs, plus goods and services tax. (3) THAT the south half of the said part of Part 6, Reference Plan 11 R-6029, be offered for sale to the owner(s) of the abutting land to the south at a sale price of$2.50 per square foot plus costs of surveys and legal costs plus goods and services tax, which south half is subject to an easement in favour of the Corporation of the Village of Port Burwell over the southerly 20 feet for a pedestrian walkway and drainage easement;and that the Deed/Transfer of the • 2 1 said south half shall specifically reserve to The Corporation of the Village of Port Burwell an easement over he said southerly 20 feet for the pedestrian walkway and drainage easement together with a right of access over the remainder of the said south half. (4) THAT the Reeve and Administrator/Clerk-Treasurer be authorized and instructed to sign all necessary documents in the connection with a conveyance of the aforesaid municipal road allowance. (5) THAT the Administrator/Clerk-Treasurer be authorized and instructed to register a certified copy of this by-law in the Land Registry Office for the County of Elgin. Read a first and second time this 26th day of November, 1996. if A / / R:. Administrator/Cl• --Treasurer Read a third time and finally passed this 11th day of March, 1997. R ---7/4 Administrator/C -Treasurer 3 rt �JG� of PORT 0ORU9��, THE CORPORATION OF THE s = <� VILLAGE OF PORT BURWELL .���. P.O.Box 10,Port Burwell,Ontario NO) I TO ��'' l telephone (519) 874-4343 • fax(519)874 4948 qr.... home page:http://www-kanservU.Ca.bUrWell iftglk ea• 0.141Lialr.0 4 'ORTUS REFUG1U11, . Memo Date: November 21, 1996 To: Council From: D. Free Re: Road Closing Council: Pursuant to the acquisition of the lands at the intersection of County Road #39 and County Road #42 it is necessary to close the existing Right of Way in order to permit the sale of the property. This area of the municipality has been improved significantly as a temporary park land and is currently valuable considering it is the primary parcel of public access to the Provincial Park. The attached bylaw 96-48 provides the authority, direction and commences the process. I would request that Council consider the attached. David R. Free Enols. , • I:IX L_001 M LM David R.Free,CET,AMCT • Administrator/Clerk-Treasurer The Corporation of the Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell, Ontario N0J 1TO By-Law 96-49 C O c.)? "f ! °j Being a By-Law to appoint Brian M. I. Budariclz, Chartered Accountant as the Municipal Auditor. 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 Brian M. I. Budariclz, Chartered Accountant as the municipal auditor for a period of one (1) year with an option to renew for an additional year per the terms and conditions of the contract in accordance with By-Law 96-51. This by-law shall come into force and effect on the date of its passing. Read a first . .d second t' e this 17t. day of December, 1996. i I). . -4JE vir R. - :4 , — A.ministrator/e eriz-Treasurer Read a third time and fin. passed o• this 17th day of December, 1996. _,LL ..4" R — — :0 ,P Administrator/ erk-Treasurer The Corporation of the Village of Port Burwell PO Box 10 21 Pitt Street Port Burwell ON NOJ 1T0 By-Law 96-50 C 00 a qiV 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 in accordance with the County of Elgin Consolidating Bylaw 85-27 as amended that County Road #42 from Robinson Street to the most northerly intersection of County Road #39 within the municipality be named as Bridge Street. 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 917 service. 1 This By-law shall come into full force and effect %lpon the final passing thereof. Read a first and second time this 28th day of January, 1997 '� ministrato leriz- Treasurer ` / Reeve Read a third time and finally passed on this 28th day of January, 1997 Administrator erk-Treas er / / fr� Re- e • 2 T �, r "c":0111111111113"T 849yy� THE CORPORATION OF THE `: VILLAGE OF PORT BURWELL .tai•? P.O.Box 10,Pon Burwell,Ontario NOJ ITO �' � Y telephone (519) 874-4343 • fax (519) 874-4948 � ; home page:http://www-kanservu.ca.burwell I� \t/ PO/MS REFUGIUO Memo To: Council From: David Free Re: By-Law 96-50 Date: January 21, 1997 Pursuant to your direction at the regular Council Meeting of January 14, 1997 please find attached By-Law 96-50 which has been revised accordingly. Please review the attached at your earliest convenience and provide your direction. 21 U. ree David R.Free,CET,AMCT • Administrator/Clerk-Treasurer TT G_of PORTS Sys, THE CORPORATION OF THE ,�: :` VILLAGE OF PORT BURWELL ��i P.O.Box 10,Port Burwell,Ontario NOJ I TO ey�'��� telephone (S 19)874-4343 • fax (S 19)874-4948 home page:httpJ/www-kanservu.ca.burwell 4 Memo PORTUS REFUGIUM 1 C It f i Date: May 24, 1994 -1R � C Q J ) O,k)1/4 To: Council V R 1Y From: D. Free ' \ \-.\' \ Re: Street Name Change, 911 N, Council: Pursuant to several land acquisition issues including the surveying of lands within the municipality, Bylaw 96-50, Being a by-law Rename certain roads and Streets within the Village of Port Burwell has been attached for Council to consider. Mallahide Township and Township of Bayham have made final name changes to roads within their municipalities commensurate with the 911 municipal addressing efforts. It seems that County Road 42 has in the past, been referred to as several different names. History seems to indicate that this road was properly named Nova Scotia Line. Roads which were in a east-westerly direction were referred to as "Lines" and roads in a north-southerly direction were referred to as "Roads". In an attempt to be consistent with tin surrounding municipalities and to properly formalize addressing within the municipality including being respectful of the history of this region I ask Council to consider renaming Bridge Street to Nova Scotia Line. I have attached bylaws from both Bayham and Mallahide for Councils perusal. It seems that the road that is called bridge street is not formally or legally called Bridge Street considering several changes in the alignment of road throughout the Villages history. There may need to be a slight adjustment in our municipal addressing system however, at this stage there are only 4 properties which will have address changes. As always, emergency services would be duly notified with a revised drawing and a copy of the bylaw. I would request that Council consider the attached. David R. Free Enols. ` RDCLSG03.MEM • David R.Free,CET,AMCT• Administrator/Clerk-Treasurer • The Corporation of the Village of Port Burwell PO Box 10 21 Pitt Street Port Burwell ON NOJ 1T0 By-Law 96-50 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 Bridge Street from Robinson Street to the northerly limits of the municipality be renamed as Nova Scotia Line. 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. • I MIL 1. • This By-law shall come into full force and effect upon the final passing thereof. Read a first and second time this 26 day of November, 1996 Administrator/Clerk- Treasurer Reeve Read a third time and finally passed on this 26th day of November, 1996 Administrator/Clerk-Treasurer •� Reeve • 2 TOWNSHIP OF MALAIIIDE BY-LAW NO. 96-05 WHEREAS Malahide Township Council are desirous to change and give names to all highways within the Municipality further to the Municipal Act Section 210 (111 (a) (b) ) R.S.O. Chap. M45. AND WHEREAS there are presently a number of local names being used to designate the roads. NOW THEREFORE the Council of the Corporation of the Township of Malahide enacts as follows: DEFINITIONS For the purpose of this by-law: "Street" or "Highway" includes a common or public highway, street, line, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, designed and intended for, or used by, the general public for the passage of vehicles. The Highway or parts of highway set out iii column 2 shall have the names given to them or changed as set out in column 1. COLUMN 1 COLUMN 2 Amasa Street Highway shown as Ann Street on Plan 55 Anger Road Highway between the limit of Lot 27 and 28, in the 5th Concession. Arnup Street Highway designated on Plan 55 between Lots 4 and 5 on the North East side of Water Street and extending to the Catfish Creek being Part 1 on Reference Plan 11R-4519. Allen Street Highway shown as North Street on Plan 55 . Bank Street Highway shown as Bank Street on Plan 55. Brook Line Highway commencing in Lot 79, Concession S.T.R. and running easterly across Lot 80 and 81 to Caverly Road. Bruce Street Highway designated on Plan 55, commencing at the easterly limit of Lewis Street and running easterly to Bank Street (unopened) . Calton Line Highway being part of the original Road Allowance between Concession 3 and 4 from Lot 1 to 35 inclusive. h Carter Road - Highway being part of the original Road Allowance between Lots 30 and 31 commencing at the 1st Concession Road and running northerly through Concessions 2, 3, 4, 5, and continuing northerly between Lots 103 and 104, S.T.R. and N.T.R. and continuing between Lots 30 and 31, North Gore, Concessions 8 and 9, to the Pressey Line. Catherina Street Highway shown as Catherina Street on Plan 11M-58. Catt Line Highway along the limit between Lots 1, 2, 3, South Gore and Lots 74, 75, 76, Concession S.T.R. and continuing north easterly across Lots 77 and 78, Concession S.T.R. Caverly Road Highway commencing in the Town of Aylmer and continuing southerly in Lot 81, Concession S.T.R. and lying south of the intersection with Brook Line. Chalet Line Highway between Concession 5 and S.T.R. easterly from Lot 16 to 35, Concession 5 and Lots 89 to 108 S.T.R. Church Street Highway shown as Church Street on Plan 15 Middlesex. Colen Street Highway being part of the original Road Allowance set out in Plan 55 and 226 and commencing as a circular drive at the pier and running north incorporating part of Water Street until it intersects with Walnut Street and continuing westerly, incorporating all of Walnut Street as shown on Plan 55. College Line Highway being part of the original Road Allowance between Concession 8 and 9, from Lots 1 to 35 inclusive. Conservation Line Highway between Concession 5 and South Gore from Lots 1 to 10 inclusive. Dexter Line Highway being part of the original Road Allowance set out in Plan 55 and commencing at the intersection of Walnut Street and Water Street and running northerly and then westerly where it intersections with County Road 1124 and continues westerly through Lot 3, 2 and 1 in the 1st Concession. Dingle Line Highway commencing in Lot 89 and running north easterly across Lots 89 to 92 inclusive and then northerly along the limit between Lots 92 and 93 and continuing easterly across Lot 20 in Concession N.T.R. to Springfield Road. Dingle Street Highway commencing in Lot 86, Concession N.T.R. and crossing easterly through Lots 87 and 88 to Hacienda Road. Dorchester Road Highway between College Line and Ron McNeil Line through Lot 2, Concession 9. Glencolin Line Highway being Part of the original Road Allowance between Concession N.T.R. , Lot 74 to 85 and Concession 8 from Lots 1 to 12 and continuing easterly between concession North Gore and Concession 8 from lots 13 to 35 to Springer Hill Road. Granger Road Highway through Lots 22 and 23, Concession 1, and set out in By-law No. 37, passed on the 7th clay of May, 1859, and incorporates road widening as shown on Plan 11R-5486, Parts 1 and 2 . Hacienda Road Highway being part of the original Road Allowance between Lots 15 and 16 (Lots 88 and 89 for Concessions S.T.R. , N.T.R. ) and running northerly through Concessions 3, 4, 5, S.T.R. , N.T.R. , North Gore, Concession 8 and 9, to the Ron McNeil Line. Hale Street Highway shown as Hale Street on Plan 55. Half Moon Road Highway commencing in Lot 10, Concession 1, and running easterly to the original Road Allowance between lots 10 and 11 and then running northerly to Imperial Road. Heritage Line Highway commencing in lot 107, Concession S.T.R. and crossing easterly through Lots 107 and 108. Imperial Road Highway commencing as part of the original Road Allowance set out as Moore Street on Plan 226 and running westerly to Rolph Street on Plan 55 and running north easterly through lots 4 to 10 inclusive in the 1st Concession and then running northerly between lots 10 and 11 being part of the originalRoad Allowance through Concessions 2, 5 and South Gore and between Lots 83 and 84 through Concession S.T.R. and N.T.R. and between lots 10 and 11 through Concession 8 and 9 to the Ron McNei.l Line. Jamestown Line Jamestown Road as set out in By-law No. 84-49 for the Township of Malahide, commencing in Lot 1, Concession 1, and crossing Lot 2, 3 and 4, as per By-law 88 passed on the 14th day of August, 1845 and continuing easterly across Lots 5, 6,7, 8, 9, 10 in the 2nd Concession. Jason Street Highway shown as Part of Victoria Street North of Water Street on Plan 55 and includes road re-alignment (unopened) . John Wise Line Highway being part of the original Road Allowance between Concession 4 and 5, from Lot 1 to 35, inclusive. Jones Road Highway through Lots 17 and 18. Concession 1, set out iii by-law 101, and passed on the 6th day of April 1033 . Lewis Street Highway shown as part of Lewis Street on Plan 55 commencing at the Southerly limit of North Water Street and running southerly to the Catfish Creek (unopened) . Lime Street Highway shown as part of North Water Street on Plan 55 commencing at the westerly limit of the intersection with Lewis Street and running westerly to imperial Road (unopened) . Lindley Street Highway shown as Lindley Street on Plan 226 . Louisa Cresc. Highway shown as Louisa Crescent on Plan 11M-58 . Levi Street Highway shown as Main Street on Plan 55 and continued southerly as shown on Plan 226 . Melon Road Highway being part of the original Road Allowance between Lots 5 and 6, Concession 3 . Norton Street Highway commencing at Talbot Line and running northerly and shown as part of Mill Street on Plan 15 Middlesex in Concession N.T.R. Nova Scotia Line Highway between Concession 1 and 2 being part of tire original Road Allowance from Lot 10 to 35 inclusive. Pat Street Highway designated on Plan 55 between Lots 10 and 11 on the North East side of Water Street and extending to the Catfish Creek between Part 2 on Reference Plan 11R-4519 . Highway being part of the original Pede Road Road Allowance between Lots 15 and 16, Concession 1 and 2. Highway along the east limit of Lot 31 Pigram Road iii Concession 10 being the Township Line between the Townships of South West Oxford and Malahide. Highway being part of the original Pressey Line Road Allowance between Concession 9 and 10 from Lots 22 to 31 inclusive and part of the original Road Allowance along the north limit of lots 31 to 35 being the Township line between the Townships of South West Oxford and Malahide. • Richmond Road Highway being part of the original Road Allowance along the east limit of Lot 35 being the Township line between the Townships of Bayham and Malahide and running northerly through Concessions 1, 2, 3 and 4 . Rod Road Highway being part of East limit of Lot 96, N.T.R. (Instrument No. 7210 Middlesex) . Rogers Road Highway being part of the original Road Allowance between Lots 5 and 6 commencing in Concession 4 and running northerly through Concession 5, South Gore, between Lots 78 and 79, Concession S.T.R. and N.T.R. and between Lots 5 and 6, through Concessions 8 apd 9 to the Ron McNeil Line. Rommel Road Highway through Lots 7 and 8, Concession 3, set out in By-law No. 142 passed on the 7th day of October, 1848. Ron McNeil Line Highway being part of the original Road Allowance along the north limit of Lots 1 to 17 inclusive, Concession 9 and Lots 21 to 31, Concession 10, being the Townline between the Townships of South Dorchester and Malahide to an intersection with Pigram Road. Rush Creek Line Highway set out as Creek Road in by-law 108 passed in 1833 all in the 1st. Concession from Lots 1 to 5 and the travelled portions of Bruce Street, Lewis Street and North Water Street as set out in Plan 55, and more accurately described as follows: That the part of Bruce Street, Plan 55, commencing opposite lot 1 and running easterly to Lot 7 where it intersects with Lewis Street and all of Lewis Street, Plan 55, southerly from Bruce Street including part 2 as set out on Reference Plan 11R-2658 to the southerly limit of North Water Street where Lewis Street and North Water Street intersect as set out on reference plan 11R-2155 and then easterly on North Water Street as set out as Parts 2 and 3 on Reference Plan 11R-2155 opposite lots 7 to 10 to the intersection with Bank street. ' Samuel Street Highway shown as part of North Water Street, Plan 55, commencing at Bank Street and running easterly opposite lots 11 and 12, to a dug harbour. (unopened) . Sawmill Road Highway being part of the original Road Allowance between Lots 25 and 26, and running northerly through Concession 2, 3 and 4 . Sparta Line Highway through Lots 1, 2, 3,4, 5, 6,7, 8, 9, and 10 including part of the original Road Allowance between Lots 5 and 6 and continuing easterly across Lots 11 and Part of 12, Concession 3 . Springer hill Road Highway being part of the original Road Allowance along the east limit of Lot 108 (Lot 35) being the Township line between the Township of Bayhams and Malahide and running northerly through Concessions S.T.R. and N.T.R. , North Gore and Concession 8, 9 and 10, to an intersection with Pressey Line. Springfield Road Highway being part of the original Road Allowance between Lots 20 and 21, Lots 93 and 94, for Concession S.T.R. and N.T.R. , North Gore and Concession 8 and 9 to the municipal limits of the Village of Springfield. Springwater Road Highway being part of the original Road Allowance along the west limit of Lot 74 or Lot 1 being the Township line between the Townships of Yarmouth and Malahide and running northerly through Concessions 5, Concession South Gore, S.T.R. , N.T.R. and Concession 8 and 9 . Talbot Line Highway being part of the original Road Allowance between the Concessions N.T.R. and S.T.R. from Lot 74 to Lot 108 inclusive (lots 1 to 35) . Temperance Line Highway commencing in Lot 75, Concession S.T.R. and crossing into Lot 76, S.T.R. (pt. old Hwy 03) . Tobacco Line Highway commencing in Lot 84 between Concession South Gore and S.T.R. and running easterly across Lot 85 ar►d continuing through Lots 86, 87 and 88 in the S.T.R. Concession to Hacienda Road. VanOverloop Line Highway commencing at Pede Road and running easterly across Lot 16 where it terminates. Part of 50' highway set out in By-law No. 101 in 1833 (unopened) . VanPatter Line Highway commencing in Lot 11, A Concession 5, running easterly across Lots 12, 13, 14 and 15, Concession 5. Vienna Line Highway being part of the original Road Allowance between Concessions 2 and 3 from Lots 7 to 35 inclusive and including the road opened through Lots 6 and 7, Concession 2, as set out in Bylaw 15-91 for the Township of Malahide. Walker Road Highway being part of the original Road Allowance between Lots 25 and 26; Lots 98 and 99 for Concessions S.T.R. and N.T.R. and running northerly through Concessions S.T.R. and N.T.R. , North Gore and Concession 8, 9 and 10, to the Ron McNeil Line. Weldon Street Highway shown as Main Street on Plan 15 Middlesex. Woolleyville Line Highway commencing in Lot 94, N.T.R. crossing Lots 94, 95 and 96, Concession N.T.R. READ A FIRST AND SECOND TIME THIS 15th DAY OF FEBRUARY, 1996. READ A THIRD TIME AND FINALLY PASSED THIS 15TH DAY OF FEBRUARY,1996. ''`��1 /I/�LlcZIL* --- REEVLE " CLERK \\ F� „r:�O11TRT PLAN 11R- e \ C e'P, \ /9� l' I, PRIOR TO DEPOSIT O -to \,,, A \\\ G.� SCF\\\PYA V iemm.LAND WWI a° nary NE q>•9,9 \ 4.15 . S \ '9 '17.'b \\ 'PO �'PF o \\ yo PART SCHEDULE PYA s \\ 9,0 'ej. \\ b$ - \ _1 PART PLAN CON LOT INST AREA MUNICIPALITY T4, \ Y� \\ 14•RONNSON v Ot \ \ s•EET O \ \ PART 6 \ IS TO 23 \♦ \ a Lo'r �2 / ,�a •aeuso. \ � 99T PLAN 11 R STREET '17110 \\ o , ' REGIS?EREO/ i / z S• •a I1994 \ LOTS KM / NEST Or 1201, \ 5. !\ r\ ti ( SOF KEET 1334S C(171 \ � \Oe 4' P4 IT t/ M . .'' o \ /¢ \ °ai,i :u.CLn acs Ua°r "' 0. M ewwi:ie sw+ : S A14° . i Q � p� � oi P �341 � 21 TO 25 151N3 PICLUN YE 15227 405., EAST a +ax,■ O� �1 /i6 KINK +11734 • STREET +7342 KAT 0 KUKKER KAROO CLOSED) " '544,4. y'`s' // \> LOT 2B 1004P a WINO 4 / \� vurt pr // t... 1 10E014 Of 0.4114A511, 4 0 �� ''', +,yam O z O 4� LOT 27 ...T 7 n waccT ro.wo>.T-ps-r...s KI an r.n,e•o,T,ron. • I Q Wuta„ w o m LOT 26 CONCESION 1 K �. rwo gc.' c� f , O ° r GEOGRAPHIC TOWNSHIP OF BA YHAM uv ►NR P k ■e,w•e=,s,34,11, .r•,1134(••.11+eeq z 0�� • k` LOTS 24 AND 25 .,.•,.v 1 . T w WEST OF ROBINSON STREET I f + i WAT LOO STREETS w PART OF LOTS 18 TO 23, INCLUSIVE / + WATERLOO STREET WEST OF ROBINSON STREET • (CLOS° SEE KOKO Of NANUY TtiA.f SU•i° • .ND • -.SSED CA INE aw DAV a DECOMER.me 1 LOTS 18 AND 19 WEST OF LOTS //° _ No OK•.)l. WEST OF ROBINSON STREET F ,rte w PART OF LOT 20 WEST OF LOTS La T LO7 25 a �iLOT ,16 N• La,wD.E.T 25OT LQ LOT 25 PART OF ST OF ROBINSON LOTS 21 TO 25, INCLUSIVE I-5 ___ / (d„�,) n EAST OF HOWARD STREET W • /EC - ► INSTRUIPOS m11e�•WKS ) PART OF WATERLOO STREET (CLOSED) 17, > • x h- a LOT k8 24 ti REGISTERED PLAN- PART OF T12 STREET (CLOSED) (n LOT 24.41h- bT. - 2M 4 F rg .0 R LOT 24 • TRUNENT N r ALL IN THE a� imw_1�8'�^ • • (° • • N VILLAGE OF PORTBURWELL Q • p o o: as : ,,,. rte' COUNTY OF ELGIN 11PA0 1.4-. f.,9 .e`Tw•on ,Sm •34(Rra r a) --a 4■34 a 11r (` x LOT 2 P� 4190 P� •.. LOT.a te o T o %4.LOn o w i■rror•�s$ L07 23 SCALE - NCH - 50 FEET Ng- _ter 0 -it (1B11Op1) x PART!tfn�zo Z IMPERI AI "STANCES.TD..D.NES OK.,[N ROOK/,•ne r• . 1 - __ __ r K CKARMO T°WIT.n■K,RN=D n ,9049 N Z _ TY¢O ° N LOT 22 o I LOT 22 co LOT. +� 22- •°t: intno LOT 22 KIM HOSTED SURVEYING LID. ,mf Q 14104 .1 ••••• (rD• S r Z W �T: PART 2 A o) \F LOT 21 t1 f I /_ "P.m"' 0 IC"1"lw. ..or:237% - If ''"4.- • 1996 � LOT 21 LOT 2; to ;!kk o\ p I— tow et NOOK.T a Zif S 5 r LOT 21 m Qv. F- o = 2117N11 rc Fr S o \ TOM TO PIA TO SE \ `\ DOOMED DED Drip INIE NE TREY PLAN 11R- \ \ 'O.9 D+ TEMPE°Mo oEPDsVED N. �, r8� \* 9/9T'91. DATE - DA', PLEASCHECK -- 4�iA \ OG /t. \ -5 PRIOR TO DEPOSIT 1,O,o A \ 1)` 'cF \\ A T DWIRuri ri.or . ERE 4 99 \ S \ lq • E«s HDs,ED OLS WIRY It) wrsw ar ar 9�gya e\\\ 090 ��V-- \\ti so / PART SCHEDULE < \ y J \ PART PLAN CON LOT INST AREA MUNICIPALITY 9y \ 2 \ 2..ss O \ \ .Es*ar O° \\ \\ sw \\\ \ o Lo -r 12 // �a sit \�± 4,Q NOB .Nos.,o.r \ r ED PLA o snaE* „)m \ A \ r Rg615•- / Z ,..,. I+:» \\ <q pfl .Es a min yds 4 28y I Rcs`OO. ;DMO Ex��{� r V ls1�v \ / SMUT ,w.s ��, ®�u \\ OC / \ / P�~�A. ,� m.ci n,,, •:x. Tuna DE fAin 70 Thap a /�a�o / Q//N"1'.�/1 OF o• ;«i :a Es eDR°pALL /E `/�/`/ -4,.(' J. y� Pr TO 25 ART of EAST CF HMIS i)02 E1GL9Y[ i33% STREET 7132 eN �0�6�'- //// E OF �, ! S /� ---' 7Z ..`� 'q9;" '�Y CJS //! - (amEc) AP/ pART OF �4w ms' TREET s;'„4"s.�t•A' `J�\ //O� is ) DED P • .44,°' " // Q� / L07 28 rosea a SAMOA) ' '4')*(.0 // Q", .Mi of / $ `�� F �' --— --— - - •,x ,Awry ISS.. 0 o suPIcu _��ESS �9 W ♦ s ..oscD; g MES ((aa j 00'�$ �(• it • r S>� sl` ~ 4.oaIM R r9Rrr a e.nuO ,P$ 43" L ,,- $ LOT 27 �i '`•J? ,d r O O 4 .P•2 rs wucr TO.uwr-a-....s so our w-zi.,.Rhr,Do)u / �� qv 4-41' kN a EL 0. Fk7 - - - �- O PLAN OF SURVEY OF R � ,� " a PART OF LOT 11 ° a A44 09a ..�.� : M „ w o m LOT 26 �s s a+ n s aT CONCESION 1 0 j_ . Pppe�s s 0\0 / , 5 *•E.,• Eiiuorn Roo, AND IMO(R OSIDE•x �- --— ---_- -- LOTS 24!AND 25C 1P OF BAYHAM I 4R W `�� / E .D.. e I-• WEST OF OBINSON STREET /`�'/ - WAT •LOO STREET w PART OF LOTS 18 TO 23, INCLUSIVE /`r WATERLOO STREET WEST OF ROBINSON STREET (a.o .Q r OM.OF OMAR,s.-LABS So.E •` MD • .s>ED a M t!DAY 6°EGOISM.,MS)n MD).1:5.`R) LOTS 18 AND 19 WEST OF LOTS i{ �, WEST OF ROBINSON STREET 1._. / - PART OF LOT 20 WEST OF LOTS LOT 85 a �I II'T 5 s LOT 25 4' L,oT 25 WEST OF ROBINSON STREET r - , .611OT 12 PART OF LOTS 21 TO 25, INCLUSIVE '�A1211 EAST OF HOWARD STREET j FY..ii.) • i v a w .OR.. .,„.,«i.ox(..r..ip) — — PART OF WATERLOO STREET (CLOSED) H LOT 24 -a )” OT 24 Fm LOT �r 24 ti ts PART OF WEWNGTON STREET (CLOSED) / B/ • x LOT 24 REGISTERED PLAN 12 15: `R is�.s2rr N T8 p0 «s F- bq „ ss.r.RxALL !N THE pawiie> Q q� ---- w • °" �'•° �• ' f--- N- VILLAGE OF PORTBURWELL • 4 0 / E -"s `p,, COUNTY OF ELGIN • 0 a F-c o� (Quip) el ,P1 0 LOT 2 Ilk's.---« LOT 23 auk .0....." "2" R KA!7ii /ssrr"AVA Qv;34 .r "'a""E S % • LOT 23 t 4.,:w,..0"1-°("' i LOT 23 scALE - I INCH - 50 FEET !I —�� r 8 o04: g i R Z + ± rt:""t' ��� — IMPERIAL-::;,:-.•,'„,,,-.x..;,,:,':„,-4-..;., �' , ,, ...... . ..... . LOT 22 0 LOT 22V LOT `4 2220. •ydELOT 22 KIM RUSTED SURVEYING LTD. 112 b .nf1111a1 OdpR11Rm1r C.1 CC___ Nfrsr . �� 1996 <-(:), +7 W �• PART 2 g R � \N LOT 217g 1 LOT 21 1.e m t Die z e P� LOT 21 + !2117686 CF. ms'Li,fr el' LOT 21 0 15,1 -���- G Q O •• * ...14'x•• I'• 14.0'(w 4 N) `� _ Our1 ur,„To41u.OR 0•1Nw-1 R„ 12200• (P3•1) 2 101 1 17131)Im•s L 11 Q ^ R 00311 17 11711332 3S PARTwsn +i ". •g C� o a WELLINGTON =a 8 M 1.T a}�°� STREET SURVEYORS CERTIFICATE {PART Of 111.1.11101011 5111EET CLOSED Of !C •s 234Ift111111.111•10.re-SAW 1°'1.s411�a4�0ID z' r N frTs� . :a (0-no SURVEY MO RAP APE CORRECT•w IN ACCORDANCE 1•114 101 \ 1 1111.TS' (Pl•N) _ M SI11Kv5 ACT.114E 1•IRSElas ACT AMO n(IIECSIRT•CT 1i1 z �� 1 I,• �y • MAY (m•s) i - ---- - _ •110,NE 140.100115 N•OE uoE„214.1 I.] )1• \ NSINUREN1 234547(Z 0110154• • (y CC -IU a L07 '• + I 20 Q Ili.LOT• •20,,:•r,.3o.s) d H m (2)-045 SURAT 11.5 CDVt01E0 ON 101E ON DAY Of 140501•111,1114. �O ` -•Q. •r e i4: •8 q' LOT 20 `�� (n �. yri •§ -i=1 1 • PART' 1I .3E a- 'CIE C 0TV \�� • ti O ^ / 1-1 �' s•'Q 145-41•0-- 6 r - - ---- - - • _... ff. ,:.,..r TO- O\ o- _g1 •��DfuRsevae �Of` ., • 1-. R to 3 4 Z •.(s•s) R J 1 r. _c1.0045 AND 0 C(T l�0 4 ¢ LOT 1y fi 10 • 8 £ PLAN 11R-4833 Q .1.7 LOT 10 • a >: z I •LOT 10 0 a F- ^^ PART 1 .$ -- -- N f RrsnRR[NT g« 11 Fw- W -- Z--- -- W 8 -- x14442 -- NI 1- tiop O 1117111.�I5 1 11151•8111•11 A 0 PLAN 11R-3474 ..0. LOT (n ' : CC 18 '�LOT 4 18- :8. rg )--. 111 w I i4„1 b ill 1•31111I11EJ11 $ • LOT I8 NOTES 0 J = O um(wham N r 30 • (S) Vy • K N 11001.011 AST11s01 101 S SNOW 01440(.09 ITE 0PLAN 019114 m# T L: ntOO (Dl•s) 4, N •fF•RNC OEM 01 l0 W E JIF - ,�l• •s) ._-___.- 12I-T 15.5 ME E•1.sNaw.DEPOSITED Pim 1.-114 TO 1 11 q L1 14'00 I 244052 l PROJECT 011-41.OAST (3)400 00 01'10•TO 0408100251 14541•05 N. Q ----- , LOT -7 (n w11TR•C1 00 0' 10•PROM 1408114051•14.181441 p a UNNUMBERED LOTS WEST LOT 17 tl`� w 1 Ca OF LOTS WEST OF 2524_'° c • 4 L 851RwNR 1112014(11111.451.) •' ,' ---- ----- SS 8 F 16 AND 17 WEST OF tt LOT 16 '• . LOT ;6 Q LEGEND 's ROBINSON STREET 555144 1 til • Dua1s 518151,1401•4111•141(0ON0 8 40 zma I 01•1 • 4000' (a•A y D OE14ort5 SI111 a 4212 8 s(1• G N e1•30 40 4 ••y DSO.' (N) 1 4 L _ 04005 5108,51•.1•4.1.waN sw1 pi Em*ur14T 133411 .5'.9111 040115 aOR 1148 \ 1• • (5 01140115 Roup waw w (C ^ W 11 .....-ii RREa N.saw.N.R _= PITT 8=8 gilti, STREET tni� 2:07:11,5' ""EiS,ON ns Z 504 -SEE TOMS., e 04114•1111-5.41113 oC e1•-124)5 sol T 41 5 4)31Wrd tlS 1{ w0 SIM PASSED a 114E 2w4 DAY OE DEMME".111•5) 6 Ig �� (1512) 01140115 RY NUST[D SIR15E 1144(A 1 Q .-s -• - -- -- - - -- J T N•r 11•44•• (8) (N•r 4E 50•R n) 1.1.15 (8) :•1 4 (b) ma1ITEi ov0srto•P5E.5N1141+�110 a ,*4311•'(N) I I 1,.445 - Pi)1((1.) 01140115 4454.45 WO.d DEPOSIT°P1.w 1111-540 I I PI) WOW •S) 1400• (N 111•31•m•Y Pt)� S' MSIRRIFIIT 221711 p (M 11 Sl a •DLSTED TO PROiC1 14-41.MZ(SEE 040115(2)Ycn 1.7, ..1101T5 DEPOST00 RAN 1111-4204 N 11•111'41•• (4) (g'��14518.1.151 C L: fP3) 0010015 0((05110 PUN 1,8-4401 2348' (P1•5) \\ 13474 IQq°"112 l0 233230) 1II rP4) „+ -4424 LOT 15Ps DEPOn ° u ho Dc p iSLOT 15 w PG) DEOTES 1.1.0540 PUN 12 A • \-_ m 1 p P lp . I 114S110.114041 F.,N DI) 141•gTEs 14S11NENT tun PS 00407E5 145)541111 1144](.05401.11)gITi's2w TK- .-¢ - Z - w otFs isTROi1•Nle' a • *" 4, O DS 001010 5)8°1401 244.2 2301125 ILI En ) 001019 1 n1., • < Q Z 4 qp/�P � J ; (PANEL MC m n wCOWES 031100103110011.1x T Doaas 01111141•1111� a• LOT 14 0 LOT 14 9 I 1f3 CC _ 1-'1' a a • a a LOT 13 • LOT 13 i � _ KIM HUSTED SURVEYING LTD. �I - I -- -- -- - - ONTARIO LAND SURVEYOR ' f 1 a I 4 *� OT 12 SO IL3111i4:-3 ALLEY.ILLSONOUNG 319- 25w LOT 12 PROTECT: 96-4125 REFERENCE R1•1 °T.4" I;0 f.7 •. 11/15/98 FRI 11:54 FAX 519 888 3884 BAYHAY TOWNSHIP +.. PORT BURWELL I6002 SCHEDULE"A" TO BY-LAW NO.96-22 Page 1 of 2 Proposed Name Ettistina Name Locatior/Descrlption Arthur Street Arthur Street Plan 279- Straffordville Baldwin Line Between Concession North Gore&Concession 8 Lots 13-14 Ball Line N/A Between North Gore&Concession 7 N.T.R. in Lot 121 Barzo Road N/A Concession 10,Between Lot 20&21 Bayham Drive Bayharn Drive Concessions 8, 9, 10& 11,Lot 20-28 Beattie Road Beattie Road Concession 6 S.T.R., Between Lots 113& 114 Best Line 9th Concession, Main Street, Between Conc 9&Conc 10 Lots 1-15, Plan 97-Corinth former Main Streej Plan 97-Corinth - Black Bridge Line N/A Between N. Gore&Conc 8, Lot 19 - 20 Bogus Road Bogus Road Concession 4, Between Lot 13 & 14 Brown Road Brown Side Road Concessions I, 2&3,Between Lot 10& 11 Carson Line Bean Plant Road Between Concession 9& 10, Lot 16-25, South of Highway 3 Centre Road Centre Street Plan 17,Concession 3 Chapel Street Centre Street&Chapel Street Straffordville Church Street Church Street Richmond Chute Line :Old Third Concession 3, Lot 14 -20 Clarke Road N/A Concession 1 &2, Between Lot 18& 19 Coyle Road N/A S. Gore between Lot 133 & 134 Conc 6 - 8 Lots 25-28 Creek Road Creek Road Concession 3,Between Lot 10& 11 through 12 Csinos Road N/A Concession 1, Between Lot 16& 17 Dennis Road Dennis Road Concession 3 &4, Between Lot 6&7 Donnelly Drive Donnelly Drive Plan 205-Straffordville Duke Street Duke Street Plan 205-Straffordville East Street East Street Plan 205-Straffordville Elgin Street Straffordville Elliott Road N/A Concession 10& 11,Between Lot 15 & 16, North of Highway 3 Fifth Street Fifth Street Plan 205-Straffordville First Street First Street Plan 205-Straffordville Fourth Street Fourth Street Plan 205-Straffordville Garner Road N/A Conc 6 S.T.R. Lots 126& 127, South Gore Lot 18 Garnham Street Straffordville George Street John Street Plan 97-Corinth Glen Erie Line 1st Concession Between Conc 1 &Conc 2, Lot 13 -28 Godby Road Godby Road Concession 1, 2&3, Between Lot 25 & 26 Goshen Road N/A Concession 9,Lot 26 Green Line N/A Between Conc 10& 11, Lots 9-19 Gregson Road N/A Concession 5, Between Lot 6& 8 Grey Street Grey Street Plan 258-Eden Harmony Acres Ln N/A Between Conc 8&North Gore Lots 1-3, West of Little Jerry Creek _ Henry Street Henry Street Plan 97-Corinth Hesch Street Hesch Street Straffordville Howey Line N/A North Gore,Lots 20- 22, Conc 7 N.T R Lots 130-133 Jackson Line 5th Line Between Conc 5&S. Gore, Lot 6-28 James Line N/A Between Conc 4& 5, Lots 1 - 3 John Street John Street Plan 22-Richmond Lamers Line N/A Between S. Gore&Conc 6,Lot 129- 136 Light Line N/A Between Conc 3 &Conc 4, Lot 10-28 Main Street Main Street, Erie Street Main Street Plan 205, Erie Street east from Plank Road to the former Centre Street(now called Chapel Street) Maple Grove Line Maple Grove Road Between Concession 8&North Gore, NTR Lots 117-120 North Gore Lots 12-20 McQuiggan Line N/A _Concession 3,Lots 4& 5 11/L5/98 FRI 11:54 FAX 519 888 3884 BAYHAY TOWNSHIP ••• PORT BURWELL 10003 SCHEDULE"A" TO BY-LAW NO.96-22 Page 2 of 2 Proposed Name rfaistine Name Location/Description Mill Street Mill Street Plan 22-Richmond Mitchell Road N/A Concession 6-Concession 5, Between Lots 118& 119 Murray Road N/A Concession 9 Between Lots 13 & 14 Ottergatc Line Race Track Road Between Conc 8&North Gore Lots 3-10, east of Little _Jerry Creek and west of Big Otter Creek Owl Cage Road Owl Cage Road Concession 5,Between Lot 23 &24 Pressey Road Pressey Road Road Between Bayham& South-West Oxford, lots I - 19 Ridge Road Ridge Road Concession 8, Lot 21 - 24 Sandytown Road Centennial Avenue Conc S.T.R. 6,N.T.R. 7, Lot 123, 124,North Gore&8, Lot 16 Saxton Road N/A Concession 1,Between Lot 3 & 4 Schafer Road N/A Concession 9, Between Lot 25 & 26 Second Street Second Street Plan 205-Straffordville Short Street East Street Former East St. between Second St.. & Third St. Plan 205-Straffordville Smith Line Mill Street Plan 17, Concession 3 Somers Road N/A Concession 11 to County Road 44 Between Lots 10& 11 Springer Hill Road Bayham Malahide Townline Concession 10-Concession 6 S T R. Stafford Road N/A Conc 1 &2, Between Lot 20& 21, South of Little Otter Creek Stewart Road N/A Concession 7,Between Lots 120 - 123 Teall Nevill Road Nevill Road Concession 2,Between Lot 15 & 16 Third Street Third Street Plan 205-Straffordville Toll Gate Road N/A Conc 2-5 Conc South Gore Conc North Gore, Between Lots 128& 129 Between Lots 20& 21, Conc 6 S.T.R. Conc 7 N.T.R. Travis Street Travis Street P1an258-Eden Tunnel Line Tunnel Road Between Conc 2&Conc 3,Lot 15 - 28 Vienna Line 2nd Concession Between Conc 2&Conc 3, Lot 1 - 13 Vincent Line N/A Between Con 7 N.T.R. &Conc 8, Lot 26 -28 Wardwalk Wardwalk Concession 6, Lot 126 in Straffordville West Street West Street Plan 205-Straffordville Woodworth Road N/A Concessions 1,2& 3, Between Lot 5 & 6 . 11%1.S/98 FRI 11:SS_FAX 519 888 3884 BAYHAY TOWNSHIP +++ PORT BURWELL 0003 SCHEDULE"B" TO BY-LAW NO.96-22 Page 1 of 1 Pr000sed_Name Existioz.Name Location/Deacrjpjio0 Baynor Road Elgin County Road 55, Concession 1-8, Road Between Bayharn and Norfolk Bayharn Norfolk Townline Calton Line Elgin County Road 45 Concession 4-5,Lots 1-28 Culloden Road Elgin County Road 46 Concession 10 to North Between Lots 113 & 114,No Gore, Gore, County Road 38 Eden Line Elgin County Road 44, 8th Between Conc 8 &Conc 9,Lot 1 -28, formerly First Concession, First Street,Plan ,Street,Plan 258-Eden 258-Eden Heritage Line Elgin County Road 38, Talbot Between Conc 6 S T . and Conc 7 N.T.R Lots 109-136, Road,Plan 205-Straffordville formerly Talbot Road Plan 205-Straffordville Lakeshore Line Elgin County Road 42 East of Concession 1,Lot 14-28 Port Burwell Nova Scotia Line Elgin County Road 42 -west Between Conc 1 &Conc 2, Lots 1-10 'pf Por Burwell Richmond Road Elgin County Road 43, Mill Concession 1, 2, 3, 4, 5&6 S.T.R., former Mill Street, Street,Plan 22 Plan 22-Richmond,Lots 1-111 11/15/98 FRI 11:55 FAX 519 888 3883 BAY'HAM TOW'.SHIP .». PORT BURWELL 10005 SCHEDULE"C" TO BY-LAW NO.96-22 Page 1 of 1 Proposed Name Existing Name Lgjtign/Description Plank Road Highway 19 Conc 1-Conc 9 Lots 12-25 Talbot Line Highway 3 Conc 7 N.T.R,Lot 109-Conc 11,Lot 20 The Corporation of the Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell, Ontario By-Law 96-51 O D; LI 14 ] Being a By-Law to authorize the Reeve and the Administrator/Clerk-Treasurer to enter into an Agreement with Brian M. I. Budarick, Chartered Accountant for Audit Services for the fiscal year of 1996. WHEREAS the Corporation of the Village of Port Burwell deems it necessary to enter into an agreement with Brian M. I. Budarick, Chartered Accountant for Audit Services for the fiscal year of 1996. The Council of the Village of Port Burwell hereby directs the Reeve and the Administrator/Clerk- Treasurer to enter into the agreement attached hereto as Schedule "A" between the Corporation of the Village of Port Burwell and Brian M. I. Budarick, Chartered Accountant. Read a first and second time this 17th day of December, 1996. eve Administrator ' ell-Treasurer Read a third time and finally passe this 17th day of December, 1996. .4)/A !..eve Administrat Clerk-Treasurer Schedule "A" Bylaw 96-51 AGREEMENT THIS AGREEMENT made in triplicate this 17th day of December, 1996. BETWEEN BRIAN M. I. BUDARICK, Chartered Accountant of Tillsonhurg in the County of Oxford 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 Tender for this work, hereby agrees to furnish all necessary equipment, supplies, labour and other means for professional audit services and, to the satisfaction of the Council of the VILLAGE OF PORT BURWELL, 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 Policies and Procedures as adopted by Bylaw attached hereto and all of which are to he 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 Audit services of Mr. Brian Budarick Chartered Accountant for the Municipality of the Village of Port Burwell for 1996 and options for renewal for each year for 1997 and 1998. IN CONSIDERATION WHEREOF, Said party of the second part agrees to pay the Auditor for Page 1 of professional services rendered for a fixed fee in the amount of$8,453.00 inclusive of GST for 1996 fiscal year end audit with the option to commission the audit services for 1997 and 1998 fiscal year end and for '••:,453.00 inclusive of GST , plus cost of living increase per Consumer Index if any. This agreement shall ensure to the benefit of and the binding upon the heirs, executors, administrators and assigns of the parties hereto. IN WITNESS, WHEREOF, the Contractor and the Municipality have hereunto signed their names and set their seals on the day first above written. /z tis Lac{ Brian M. I. Budaricli Witness Chartered Accountant Corporation of the Village of Port Burwell Post.Office Box #10, 21 Pitt Street Port Burwell 0 NOJ 1T0 Re. c Seal of the Municipal Corporation Administrator erh-Treasurer Page 2 of THE CORPORATION OF THE VILLAGE OF PORT BURWELL PO Box 10 21 Pitt Street Port Burwell, Ontario BY-LAW 96-52 ( i - 7 Being a by-law to amend bylaw 96-40 being a bylaw to establish a Water System Reserve Fund 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 he kept for all reserve funds. AND WHEREAS Section 210.1 paragraph (10) of the Municipal Act R.S.O. 1990, Chap. M.45 provides that council of a municipality may establish a reserve fund to he used for the exclusive purpose of renovating, repairing or maintaining facilities that are provided under an agreement under subsection (2), AND WHEREAS the Council of the Village of Port Burwell passed in regular council bylaw 96-40 being a bylaw to establish a Water System Reserve Fund for the Municipality within the general reserve fund and is desirous to amend the same. THEREFORE the Council of the Village of Port Burwell amends bylaw 96-40 as follows; 2. That $49,478.52 initially be placed into the Water System Reserve Fund some time during the fiscal year of 1997. Further monies from time to time are to be placed in the Reserve Fund as budgeted by Council. I Read a first ancsond time this 17th day of December, 1996. (al/ Tom Nesbitt, Reeve 4.40 David R. Free Administrator/ erk-Treasurer Read a third time and finally .- = . this 17`k day of December, 1996. • Tom bitt, Reeve i, F David R. F Administr- .r/Clerk-Treasurer 2 Port Burwell BY Laws -*wow idak By-Laws # 96 - 01 96 - 16 1996 mew BY-LAW NO. 96-01W7- 14,11'4).S A BY-LAW AUTHORIZING THE BORROWING OF MONEY TO MEET CURRENT EXPENDITURES • OF THE COUNCIL OF THE VILLAGE OF PORT BURWELL (the "Municipality") • A. In accordance with subsection 187(1)of the Ontario Municipal Act(the "Act"), the Municipality considers it necessary to borrow the amount of $150, 500.00 to meet, until taxes are collected, the current expenditures of the Municipality for the year 1996 J B. Pursuant to subsection 187(2)of the Act,the total amount borrowed pursuant to this by-law together with the total of any 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 THEREFORE, the Co;:ncil of the Municipality enacts as follows: / G 1. The Head and the Treasurer are 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 ("CIBC"( a • sum or sums not exceeding in the aggregate 9 247,500.00 to meet, until taxes are collected, the current expenditures of the Municipality for the year (including the amounts required for the purposes mentioned In subsection 187(1)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 and Treasurer for the sums borrowed plus interest at a rate to be agreed upon from time to time with CIBC. 2. All sums borrowed pursuant to this by-law, as well as all other sums borrowed pursuant to the Act in this year and 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 and preceding years or from any other source which may lawfuly 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. PASSED this 3rd day of January ' 1996• H i 0 E MUNIC-•LITY SEAL} CLERK I hereby certify that the forgoing is a true and complete copy of the By-law numbered above of the Municipality in the Province of Ontario, duly passed at a meeting of the Council of the Municipality and that this By-law is in full force and effect. Dated this 3rd day of January • 1996 • Witness the corporate seal SEAL 1 CLERK ®NNW .1.+1.4.w The Corporation of the Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell, Ontario By-Law 96-02 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 be 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 50% 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 1996 and in each succeeding year the taxes to be levied under this by-law shall become due and payable on the 19th day of January, but may be paid by instalments on the 23rd day of February, 1996, and the 26th day of April 1996, 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 be 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 be 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. 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 se .nd time this 23rd day of January, 1996. r Reev- Ad nistrator/Clerk-Treasurer Read a third time and finally .assed on this 23rd day of January, 1996. Ree i Ad nistrator/Clerk-Treasurer The Corporation of the Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell, Ontario By-Law 96-03 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, 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; AND WHEREAS the Municipality has deemed it necessary to enter into a licence agreement with 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, 1996 ending September 30, 1996 with the option to renew the licence agreement for a second year commencing April 1, 1997 ending September 30, 1997. Read a first . i s second ti - this 9th s ay of January, 1996. / •, Alt R• .e A. '•'. rator/Clerk-Treasurer Read a third 'me and Ay pass-/ s's 9th day of January, 1996. Re= e rator/Clerk-Treasurer 1 Schedule "B" By-Law 96-03 LICENSE AGREEMENT BEI W1:EN 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 food on a specific area of the said land; AND WHEREAS in consideration of the payment of the sum of monies as described within the context of this agreement 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 the 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 through September of 1996. 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 be paid on or before July 1, 1996. 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 1 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 fulfill 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, cleaning the 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 land shown on Schedule "K. 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 he rates as prescribed by by-law. 13. 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 interruption in hydro service resulting form general maintenance or construction projects as scheduled. 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. This licence is renewable for an additional one year term (1997) upon mutual agreement of the Licensee and Licensor and upon the same terms set 2 out in this agreementexcepting tin payment for the second term shall be ep � in the amount of Two Thousand Two 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, 1997. In Witness Whereof of the Licensor and Licensee Have Hereunto Set Their Hands and Corporate Seals this 9th Day of January, 1996. eeve Ad ' trator/Clerk-Treasurer Witness Jack Vince Witness Norma Vince Witness 3 • of PORT _ 4e r v' IC '•1 .3"C)/11911-,<, GE �9� t r THE CORPORATION OF THE .; The Corporation of the Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell, Ontario By-Law 96-04 Being a By-Law to authorize the Reeve and the Administrator/Clerk-Treasurer to enter into an Agreement with Brian Budarick of Doane Raymond for Audit Services for the fiscal year of 1996. WHEREAS the Municipal Act R.S.O. 1990, c. M.45, s. 86, as amended provides that; (1) The council of every municipality shall by by-law appoint for a term of five years or less one or more auditors who are licensed under the Public Accountancy Ad, and every person so appointed shall, in addition to his or her duties in respect of the corporations, audit the accounts and transactions of every local board as defined in the Municipal Affairs Act, except school boards established under Part III or Part IV of the Education Act, or under Part VI of the Regional Municipality of Ottawa-Carleton Act, or under Part VIII of the Municipality of Metropolitan Toronto Act. R.S.O. (2) Where a local board is a local board of more than one municipality, the accounts and transactions thereof shall be audited by an auditor of the municipality that is liable for a larger portion of the operating costs of the local board than any other municipality, and, in the event of disagreement as to the proper auditor, the matter may be determined by the Ministry on the application of any municipality of which the local board in question is a local board. (3) Where an auditor audits the accounts and transactions of a local board, the cost thereof shall be paid by the municipality and charged back to the local board, and in the event of a dispute as to the amount of the cost the Ministry may upon application finally determine the amount thereof 1 WHEREAS the Corporation of the Village of Port Burwell deems it necessary to enter into an agreement with Brian Budarick of Doane Raymond for auditing services for the fiscal year of 1996 with an option for renewal for 1997 and 1998. The Council of the Village of Port Burwell hereby directs the Reeve and the Administrator/Clerk- Treasurer to enter into the agreement in triplicate attached hereto with Brian Budarick of Doane Raymond for the professional services as an auditor. Read a first . d second me this 29th day of April, 1996. Re- ;• A ' 'strator/Clerk-Treasurer Read a third time fin. y passed this 29th day of April, 1996. . - - -4.1: Re.. e A mi istrator/Clerk-Treasurer 2 Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell, Ontario NOJ ITO Municipal Act, RSO, 1990, c. M45 FORM 5 (Section 94(3)) DECLARATION OF AUDITOR I, Brian Budaricl2 of Doane Raymond, having been appointed auditor for the municipal corporation of the Village of Port Burwell promise and declare that I will faithfully perform the duties of that office according to the best of my judgement and ability; and I do solemnly declare that I had not, directly or indirectly, any share or interest in any contract or employment with, by or on behalf of such municipal corporation during the year preceding my appointment, and that I have not any such contract or employment except that of auditor or other than for services within my professional capacity. 7/(t , Da l ' /2-.1 B Budarich, Principe Doane Raymond AI— DA DA .' . FREE. C.E.T.. A.M.C.T., a • missioner, etc.. Administrator/ Clerk-Treasurer of the Corporation of the Village of Port Swot Date; The Corporation of the Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell, Ontario By-Law 96-35 Being a By-law to amend By-law 96-04 being a by-law to authorize the Reeve and the Administrator/Clerk-Treasurer to enter into an Agreement with Brian Budarick of Doane Raymond for Audit Services for the fiscal year of 1996. WHEREAS the Municipal Act R.S.O. 1990, c. M.45, s. 86, as amended provides that every municipality shall by by-law appoint auditors for a term of five years or less; and, WHEREAS the Council of the Village of Port Burwell has passed By-law 96-04, being a by-law to authorize the Reeve and the Administrator/Clerk-Treasurer to enter into an Agreement with Brian Budarick of Doane Raymond for Audit Services for the fiscal year of 1996; and, NOW THEREFORE the Council of the Village of Port Burwell deems it necessary to amend Schedule "A" to By-Law 96-04 as follows: IN CONSIDERATION WHEREOF, Said party of the second part agrees to pay the Auditor for professional services rendered for a fixed fee ih the amount of $8,453.00 inclusive of GST for 1996 fiscal year end audit with the option to commission the audit services for 1997 and 1998 fiscal year end and for$8,453.00 inclusive of GST, plus cost of living increase per Consumer Index if any. The Council of the Village of Port Burwell hereby directs the Reeve and the Administrator/Clerk- Treasurer to execute the amended agreement in triplicate attached hereto with Brian Budarick of Doane Raymond for the professional services as an auditor. This by-law comes into force and effect on the date of passing I Read a first and second timeys 25th day of June, 1996. i.. Reev, Admi rator/Cler}z-Treasurer Read a third time and finally passed this 25th day of June, 1996. IF Re- e Admi rator/Cleriz-Treasurer 2 AGE OF PORT 8,, 9 -�`� THE CORPORATION OF THE P.�:' VILLAGE OF PORT BURWELL ' (� O.Box 10.Port Burwell,Ontario NOJ I TO flk m,��illi telephone (519) 874-4343 • fax (519) 874-4948 Pmelkiligh ORTUS REFUGIUM April 30, 1996 Doane Raymond 22 Harvey Street Post Office Box #247 Tillsonburg ON N4G 4H5 Attention: Mr. Brian Budariclz Dear Mr. Budarick Please find enclosed a certified copy of our By-Law 96-04, a by-law to authorize the Reeve and the Administrator/Clerk-Treasurer to enter into an agreement with your firm for the provision of audit services. Also enclosed are three copies of the enabling agreement, please sign the three copies and retain one for your files and return the remaining two copies. 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 Davi. '. Free, CET, AMCT Ad• inistrator/Cleriz-Treasurer Ends. David R.Free,CET,AMCT • Administrator/Clerk-Treasurer PVE (fi PORT_(J9 t THE CORPORATION OF THE Ow" VILLAGE OF PORT BURWELL jaript-; PO.Box 10,Port Burwell,Ontario NO) I TO 4 %cm i•Wolt telephone (519) 874-4343 • fax (519) 874-4948 olamot P°RTUS REFUG"- Memo Date: April 29, 1996 To: Council From: D. Free Re: Auditors Appointment By-Law 94-42 appointing the auditors of the municipality expires as November 8, 1996. Under Section 86 &87 of the Municipal Act, R.S.O. 1990 Chapter M. 45, the municipality is required to appoint auditors for a term not greater than five years. To this end we must consider the process of soliciting auditors to represent our municipality in the annual review of the financial statements for 1996. I have requested a quote from Doane Raymond considering our positive relationship of the past 2 years. A letter was received which identifies a 5% increase ($495) over the 1994 audit fee. Considering the problems that they have had to address considering poor financial structuring of prior years the$495 year over year increase is not unreasonable. Originally the agreement was with Redfern More & Company however, changes have occurred within their organization. I would recommend to Council that tendering for services would not produce significant savings and cause greater work by staff by not only in the tendering process but also potentially having to "break in" a new auditor. Further to this matter it is necessary to articulate within the bylaw the member of the firm who will attend to our matters. Prior relationships have left the Municipality to the mercy of the consulting firm to assign an individual which may not understand our system and cause greater work/aggravation and cost to the municipality.' 6 B�ckrick has been a "good team player" and I would want to ensure our legal agreements this attendance to our matters at the pleasure of Council. To this end I would recommend that tl'iee attached bylaw and agreement be considered by Council. Adequate protection is within the agreement and our"In Year Financial Reporting" policy which would avoid the problems experienced in prior years. Nothing like a good old fashion contract to clearly delineate the expectations and responsibilities of two parties. /Alf 0a '. Free Encls • David R.Free,CET,AMCT • Administrator/Clerk-Treasurer DOANE RAYMOND TEL No . 519 842 2178 Apr 26 .96 17 :03 P .02/02 Chartered Accountant, Doane Raymond Manapmvtd Conwkanb Cai.edian Member Firm of Gr;,ul Thornton hdwn dbonal April 26, 1996 The Village of Port Burwell P.O. Box 10 21 Pitt Street Port Burwell, Ontario NW 1TO Attention: Mr. David Free Dear Mr. Free: Further to your request, the audit fee for 1996 will be $ 8,295.00 plus GST. We trust this meets with your approval. If you have any questions, please feel free to call at your convenience. Yours very truly, DOANE . YMOO, Brian Budari , C.A. BMB:slb 22 Harvey Sueet P.O.Box 247 Tahiort g.Ontano NIG 4115 Tel: (5191842-3604 THE CORPORATION OF THE VILLAGE OF PORT BURWELL Post Office Box #10 21 Pitt Street Port Burwell, Ontario - NOJ 110 BY-LAW 96-05 Being a By-law to amend bylaw 96-03 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, 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 15.0 of the License Agreement hereto referred to as Schedule "B" 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 remaining to be paid on or before July 1, 1996. 15. This licence is renewable for an additional one year term (1997) upon mutual agreement of the Licensee and Licensor and upon the same terms set out in this agreement excepting payment for the second term shall be in the amount of Two Thousand Two 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, 1997. } 1 Read a first and second time this 13th day of February, 1996. Ar .. _ /!/Kl Admin . ator/Clerk-Treasurer Read a third time and finally passed t is 13th day of February, 1996. 4„„ A0‘,,% •.eve A.m''strator/Clerk-Treasurer • 2 Schedule "B" By-Law 96-03 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 food on a specific area ,\ of the said land; AND WHEREAS in consideration of the payment of the sum of monies as described within the context of this agreement 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 the 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 through September of 1996. 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 be paid on or before July 1, 1996. 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 1 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 fulfill 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, cleaning the 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 land 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 he rates as prescribed by by-law. 13. 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 interruption in hydro service resulting form general maintenance or construction projects as scheduled. 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. This licence is renewable for an additional one year term (1Q97) upon mutual agreement of the Licensee and Licensor and upon the same terms set 2 out in this agreement excepting payment for the second term shall be in the amount of Two Thousand Two 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, 1997. In Witness Whereof of the Licensor and Licensee Have Hereunto Set Their Hands and Corporate Seals this 9th Day of January, 1996. Com` 51JZ4( eejz A6.41Pi' • •mi trator/Clerk-Treasurer Witness Jack Vince Witness Norma Vince Witness 3 AGE OF PORT 84, THE CORPORATION OF THE �_ VILLAGE OF PORT BURWELL PO.Box 10,Port Burwell,Ontario NOJ ITO y =% telephone (519) 874-4343 • fax (519) 874-4948 wit elso '°ORTUS REFUGIUM February 15, 1996 Jack &,Norma Vince Box 23 Otter's Edge RR #2 Vienna ON NOJ 1Z0 Dear Jack & Norma Please find enclosed a certified copy of By-Law 96-05 which is a by-law to amend By-Law 96-03, as well as a copy of the agreement between yourselves and the Village of Port Burwell for the operation of a food booth on the East Beach. Please review the enclosed by-law and agreement at your earliest possible convenience in order that the agreement may be executed accordingly. 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 'Free, CET, AMCT • inistrator/Clerk-Treasurer Ends. David R.Free,CET,AMCT • Administrator/Clerk-Treasurer • The Corporation of the Village of Port Burwell PO Box 10 21 Pitt Street Port Burwell ON NOJ 1T0 By-Law 96-06 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 Ed Roloson 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. Read a first . ..'secon. me is.. 3th day of February, 1996 / . Re- ' istrator/Cleriz-Treasurer Read a th' . . d '. . time this 13th day of February, 1996 •i ', eeve A . istrator/Cleriz-Treasurer 1 SGS OF PORT Bv9`L THE CORPORATION OF THE .!_ VILLAGE OF PORT BURWELL 0- P.O.Box 10,Port Burwell,Ontario NOJ I TO ���=! % telephone (S 19) 874-4343 • fax (S 19) 874-4948 1.14 .-111 4 Aftir PORTUS REFUGIU0 February 14, 1996 H.C. Lang, Chief Inspector, Weed Control Act Resources & Regulations Branch Guelph Agriculture Centre PO Box 1030 Guelph ON N 1 H 6N1 Attention: H.C. Lang Dear Mr. Lang As per your memo dated February 12, 1996 please find enclosed a certified copy of our By-Law 96- 06, a by-law appointing Ed Roloson as the Weed Inspector for the Village of Port Burwell, as well as the completed form requested by your office. I 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 OA' •! Free, CET, AMCT A.ministrator/Cleriz-Treasurer Ends. David R.Fee,CET,AMCT • Administrator/Clerk-Treasurer APPOINTMENT OF MUNICIPAL WEED INSPECTOR(S) - 1996 SECTION A Name of municipality (indicate whether city, town, township, etc.) : Village of Port Burwell Located in (indicate if Regional Municipality, County, District or other) : 4 Lai r,-\l� g�q 1(� 1 . Name of MunicipalllWeed�\11 Inspector E1 OLO SOAJ PLEASE PRINT Address '1 10 Pci* t3 0 a- [ TO Phone $ r71-1 - 1-13u3 Section of Municipality served a,(,( 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 1996 . Clerk • ttl if) R•FRE Address 's 10 Ht Pi4k si,T " Date hctin y ! 9[ePert Tt ,kx-u2f fJ cri,J rJ i 1TG PLEASE RE'T'URN TO: H.C. Lang, Chief Inspector, Weed Control Act, Resources and Regulations Branch, Guelph Agriculture Centre, P.O. Box 1030, Guelph, Ontario N1H 6N1, Telephone 519-767-3126 before APRIL 1, 1996 The Corporation of the Village of Port Purweii PO Box 10 21 Pitt Street Port Burwell ON NOJ 1T0 By-Law 96-06 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 Ed Roloson 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. Read a first . .,••-secon. ' ..e .' 3th day of February, 1996 R- - • tor/Cleriz-Treasurer Read a th' d ' . time this 13th day of February, 1996 409/..,._ L1., r/ eeve ��--- 1, R FIDE.C.E.T..A.M.C.T. Saab Wage A • istrator/Cleriz-Treasurer d Put Bowel cs* the tping 1r a lye copy • Dated Itlt-db p ,'A' 199-6 1 Ministry of Ministere de Guelph Agriculture Centre Centre d'agncutture de Guelph Agriculture ('Agriculture et Box 1030 C.P 1030 Guelph,Ontario Guelph(Ontario) and Food de ('Alimentation N1H 6N1 N1H 6N1 Ontario Resources an Regulations TELEPHONE: (519) 767-3126 FAX: (519) 837-3049 February 12 , 1996 MEMORANDUM TO: Clerks of Municipalities (other than Counties, Districts and Regional Municipalities) FROM: Chief Inspector, Weed Control Act SUBJECT: APPOINTMENT OF MUNICIPAL WEED INSPECTORS 1996 Under Section 8 (1) of the Weed Control Act, R.S.Q. 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. Please enter the name(s) , address (es) , telephone number(s) and area served by your municipal weed inspector(s) on the enclosed form and return it to me before April 1 , 1995. If your municipality is not appointing a municipal weed inspector or are making use of the services of an area weed inspector, please indicate on the attached form. .A)E!!. pf H.C. Lang �_t PORT eU,�� Chief Inspect m, Weed Control Act CB HCL/mt < FEB 1 4 1996 % Enclosure • dro Ontario• there's no taste like home kVUn bon gout de chez nous No Old F PORT e49 �.tl r/�Cr �< THE CORPORATION OF THE !_ VILLAGE OF PORT BURWELL 00111 =e PO.Box 10.Port Burwell.Ontario NO] I TO 1e121r telephone (519) 874-4343 • fax (519) 874-4948 711e111114rqllIllCAIIT°"'" PORTUS REFUGIUM Memo Date: May 3, 1996 To: Council From: D. Free Re: By-Law 96-09 - Authorize an Agreement with Gordon Craig Council: Here we go again. I have previously identified to Council issues with respect to Gordon Craigs agreement including insurance. It seems that we are again being ignored. Not only do we not have evidence of insurance the issue of dock instalation has been ignored. The instalation of the docks has been performed contrary to the agreement. The municipal assets are being destroyed before our eyes despite the protective measures included within the said document. I would remind Counil of the clauses in the contract as follows; 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. Place and remove the docks with a crane in order to ensure minimal damage. 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. Upon the removal of the docks they be placed and in stored in a location and manner satisfactory to the municipality. Before Mr. Craig can commence any activities in these areas the terms of the agreement must be 1 David R.Free,CET,AMCT • Administrator/Clerk-Treasurer followed included issues pertaining to issuance and worker compensation in particular. Just as important the signing of an agreement which articulates a clear understanding between both parties of their responsibilities in the context of the agreement. Mr. Craig has no right to commence any works in this area and I would not want the docks placed until the dredging is complete. I have limitations in being able to get Mr. Craig to comply with any or all aspects of any formal agreement, therefore I look would recommend to Council to table the attached bylaw and agreement in favour of a tender. Failing the desire to accept the recommendaton that any slight breaches of the attached agreement should be dealt with severely and immediately. Davi '. rel- e . 2 THE CORPORATION OF THE VILLAGE OF PORT BURWELL Post Office Box #10 21 Pitt Street Port Burwell, Ontario NOJ 1T0 BY-LAW 96-07 Being a By-law to amend bylaw 93-08, being a by-law to authorize the municipality to enter into a lease agreement with 345990 Ontario Limited. 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 ratify the wording of bylaws previously passed to identify specifically to satisfy the requirements of the Elgin County Board of Education with respect to leased facilities as "Municipal Capital Facilities"; NOW THEREFORE the Council of the Corporation of the Village of Port Burwell amends bylaw 93-08 as follows: Permit the Village of Port Burwell to enter into a land lease agreement with 345990 Ontario Limited per the offer to lease using the subject lands for the purpose of Municipal Capital Facilities. • 1 Read a first and second ime this 13th day of February, 1996. Arh R• e Adm' istrator/Cleriz-Treasurer Read a third time and finally passed this 13th day of February, 1996. A nistrator/ClerkTreasurer THE CORPORATION OF THE VILLAGE OF PORT BURWELL Post Office Box #10 21 Pitt Street Port Burwell, Ontario NOJ 1T0 BY-LAW 96-08 Being a By-law to acquire lands from the County of Elgin, previously part of County Road #42. 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 the Corporation of the Village of Port Burwell is desirous to acquire surplus lands known as Part of Lot 11, Concession 1, Village of Port Burwell, County of Elgin, Registered Plan 11R- 6029 from the County of Elgin and; Whereas the County of Elgin required the Village of Port Burwell to bear the cost of the legal survey conditional to transferring the lands to the Municipality, and; Whereas the municipality has completed and paid for the legal survey to the satisfaction of the County of Elgin and the Ministry of Transportation. The Council of the Village of Port Burwell hereby ratifies its actions for the transfer of the property to the Municipality and directs the Administrator/Clerk-Treasurer register the transfer of the property at the Registry Office of the County of Elgin to the Corporation of the Village of Port Burwell forthwith. 1 Read a first and second time this 13th day of February, 1996. */) Air. _/��fii.e R e 0;:tin,r - A•mi I 'trator/Clerk-Treasurer Read a third time and finally passed this 13th day of February, 1996. G'" /114‘ /* eve 409 A. . nistrator/Clerk-Treasurer . 2 The Corporation of the Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell, Ontario By-Law 96-09 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 in triplicate as attached Schedule "A". Read a first and secon. ime this 3th day of February, 1996. it AIL. ..i Ie. t ' l/7...yi.....9 dm' 'strator/Clerk-Treasurer ead a third .-. - and : :I.y p.z-ed is 23rd day of April, 1996. P, . / f Ah / AOdi:-..... m I rator/Clerk-Treasurer • Schedule "A" Bylaw 96-09 THIS LICENCE AGREEMENT made this 23rd day of April, A.D., 1996 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 shps, 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, 1996 to October 31, 1996. 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, 1996, and; b) $2,500 on July 1, 1996, and; c) $1,000.00 on August 1, 1996 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. Place and remove the docks with a crane in order to ensure minimal damage. 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. Upon the removal of the docks they be placed and in stored in a location and manner satisfactory to the municipality. 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 he 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 but 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. 7.00 The Municipality and Licensee mutually agrees as follows: 5 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 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 6 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 Post Office Box #112 Port Burwell ON NO) 1T0 Municipality's Address: Village of Port Burwell Post Office Box #10 Port Burwell ON NO) 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 AçYi( ��� 1cn(D Date LSI/, . _ Reeve ministrator/Clerk-Treasurer Gordon Craig, nsee 8 of PORT 8,, ‘3141111tWl THE CORPORATION OF THE .!. VILLAGE OF PORT BURWELL 1411 .1,;1 P.O.Box 10,Port Burwell.Ontario NOJ ITO Vii! telephone (519)874-4343 • fax(519)874-4948 ,�Ci home page:httpi/www-kanservu.ca.burwell oatatiojr..% PORTUS REFUG'UM Memo COPY COUNCIL r To: D. Free Date .��„- Per ,/�'"'` From: D. Lamoure File Re: Gordon Craig, Collection of Harbour Fees Date: October 8, 1996 I contacted Mr. Craig today and he stated that there were still some boats remaining in the harbour and that he wanted to wait until they had left the harbour in order that he could collect the appropriate amount of monies. Mr. Craig also stated that this should take place some time in the month of October. D. Lamoure • David R.Free,CET,AMCT• Administrator/Cleric-Treasurer Goof PORT8 JT' t �! THE CORPORATION OF THE :!. VILLAGE OF PORT BURWELL P.O.Box 10,Port Burwell,Ontario NOJ I TO .41111=s� + u telephone (S 19) 874-4343 • fax (519)874-4948 ,`�U home page:httpJ/www-kanservu.ca.burwell 446/2: 0.,, PORTUS REFUGI' September 30, 1996 Mr. Gordon Craig Post Office Box #112 Port Burwell ON NOJ 1T0 Attention: Mr. Gordon Craig Dear Mr. Craig This is a formal reminder with respect to the agreement executed by By-Law 96-09 between the municipality and yourself which states; 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. Place and remove the docks with a crane in order to ensure minimal damage. 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. Upon the removal of the docks they be placed and stored in a location and manner satisfactory to the municipality. Please inform Kevin Bradfield or Ed Roloson of the date that the docks are to be removed in order that an inspection of the same can be performed. As an added reminder THE DOCKS ARE TO BE REMOVED BY CRANE. In addition, pursuant to our telephone conversations, please he informed there has been lig formal appointment of yourself as the Wharfinger. The last bylaw to appoint a Wharfinger was Bylaw 1 David R.Free,CET,AMCT • Administrator/Clerk-Treasurer 326 passed in 1979 appointing Phil Bucheski as the same. In fact Bylaw 89-20 to which you refer as the authority to collect monies on behalf of the municipality, was never executed. The said bylaw, although passed in Council, consists of an agreement which has never been signed, rendering it void. Therefore, any personal reference as the Municipal Wharfinger is incorrect and you are required to cease and desist. If you should have any further questions concerning this matter please feel free to call. Yours truly Davi . Free, T, AMCT Administrat /Clerk-Treasurer cc Council Village of Port Burwell • E:\WPWI N60\W PDOCS\LETTE RS\CRAI007.LET 2 Schedule "A" Bylaw 96-09 THIS LICENCE AGREEMENT made this 23rd day of April, A.D., 1996 BETWEEN: CORPORATION OF THE VILLAGE OF PORT BURWELL • (hereinafter called the "Municipality" or the "Village") OF THE FIRST PART and GORDON CRAIG (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, 1996 to October 31, 1996. 1 \)°-,yPORT B�' 9 t THE CORPORATION OF THE 4111111e14* VILLAGE OF PORT BURWELL r P.O.Box 10,Port Burwell,Ontario NOJ ITO ogg �`= telephone (S 19) 874-4343 • fax (S 19) 874-4948 I !Mild ''ORTUS REFUGIUM February 15, 1996 Mr. Gordon Craig Post Office Box #112 Port Burwell ON NOJ 1T0 Attention: Mr. Gordon Craig , Dear Mr. Craig Please find enclosed a copy of the proposed agreement between yourself and the Village of Port Burwell for the operation of a marina, as well as a copy of By-Law 96-09 which was given its first and second readings at the February 13, 1996 Regular Council Meeting. Please review the agreement at your earliest possible convenience in order that Council may consider the Third and Final Reading of this by-law at the March 26, 1996 Regular Council Meeting and execute the enclosed agreement accordingly. I 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 .4 : Free, CET, AMCT inistrator/Clerk-Treasurer • Encls. David R.Free,CET,AMCT • Administrator/Clerk-Treasurer o IJ j ��_O , U / , vS, O , j p o p � d , iElIIYSON ST , a _NEMTOH a ST MNR D.�x �t ,, �} ao ow c� O at • d 1®LACK D.cg .)",E -A—'—' ' ,.. 0 O 0 i C� o 0 (% Q 4 ❑ D o I 0 u 0( Q ® ` .CH AREA* D , 1 i d oa wATERLoo / �• J vimETnoo �srli �_i ��� o ❑ s C7 O • ( r{1 G� O , , J • `6s'4 �' PARKING ARS ° E° ill.." FCtlit BOATSQk Li L t g9CKAG-: ..REA o E NIRAILI C4 f� C�QF. 0 0 0 C 1 a 7 6 • aj o rc r o o , o�a,� � 4 Q I O L vin _ Q �] , ( WEiril ill DU ' :...P..01:i 0 - 7---. L. nr=0 e oc (I) \- Q 9Kac i t sT Eh4 �� Ora ST t y ` 6 U \,,, \ r=3 T o 9'‘. 0 / =� -- 11, 3- Ci-) 111\ 0 ----- .0 (;),\ f- I C? flO 8P6 °----i o_+_., 1,', [ a , i1:— ciii ,%; \ V' i U ! P \ I LJrI � , , , (� LAS _ I �- VILLAGE OF PORT BURWELL n� MUNICIPAL DOCKS TENDER W- "----- -______„=„,.. .5:„. PO Box 10 •''" PORT BURWELL ON NOJ ITO \ . vE OF PORT 8,,c/19 t �` THE CORPORATION OF THE .!_ VILLAGE OF PORT BURWELL ,SES r P.O.Box 10,Port Burwell,Ontario NOJ ITO 000IAMR telephone(S 19)874-4343 • fax(S 19)874-4948 foe 1111kk 4111=5111111111114. PORTUS REFUGIUM Memo Date: February 9, 1996 To: Council From: D. Free Re: By-Law 96-09 -Authorize an Agreement with Gordon Craig • Council: Pursuant to Councils informal direction with regards to the above said attached is a licence agreement to be executed by Council and to be executed by Gordon Craig. Contrary to opinion there is nothing formally agreed upon or implied that would obligate the municipality to offer the license to Mr. Craig for the 1996 season. I have informally discussed with Council my concerns for general performance of the agreement and the liability and inconvenience being imposed on the municipality. I have added items to the license agreement which protects the assets of the municipality. These additions have been "bolded" and are as follows; 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. Place and remove the docks with a crane in order to ensure minimal damage. 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. Upon the removal of the docks they be placed and in stored in a location and manner satisfactory to the municipality. David R.Free,CET,AMCT• Administrator/Clerk-Treasurer Before Mr. Craig can commence any activities in these areas the terms of the agreement must be followed included issues pertaining to issuance and worker compensation in particular. Just as important the signing of an agreement which articulates a clear understanding between both parties of their responsibilities in the context of the agreement. Mr. Craig has no right to commence any works in this area and I would not want the docks placed until the dredging is complete. Notwithstanding the agreement must be signed and the deposit must be paid with post dated cheques accordingly in order to avoid "having to chase him" for these monies considering his busy schedule. I have limitations in being able to get Mr. Craig to comply with any or all aspects of any formal agreement, therefore I look would recommend to Council to table the attached bylaw and agreement in favour of a tender. Failing the desire to accept the recommendaton that any slight breaches of the attached agreement should he dealt with severely and immediately. D ree Ends The Corporation of the Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell, Ontario By-Law 96-09 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 in triplicate as attached Schedule "A". Read a fi - .d seco • me this 13t day of February, 1996. PA k eve dm strator/Cleriz-Treasurer Read a third time and finally passed this 13th day of February, 1996. Reeve Administrator/Clerk-Treasurer I The Corporation of the Village of Port Burwell PO Box 10 21 Pitt Street Port Burwell ON NOJ 1T0 BY-LAW 96-10 Being a by-law to appoint tax collectors and prescribe regulations for the collection of taxes for the Village of Port Burwell WHEREAS the Municipal Act, R.S.0 1990, as amended c. M.45 s. 85 p. 1 and 2 states; (1) The council of every local municipality shall appoint as many collectors for the municipality as it considers necessary. (2) The council may assign to a collector the district within which he or she is to act, and may make regulations governing the performance of his or her duties. NOW THEREFORE, the Council of the Corporation of the Village of Port Burwell deems it expedient to appoint tax collectors as follows; 1. David R. Free 2. Suzanna Mantel The regulations for the collection of taxes the municipality are to be in accordance to policies and procedures as described in Schedule "A" forming part of this bylaw. 1 Read a first and second time this 12th day of March, 1996. / / _der. K 7, -•••• Re e Admin rator/Clerk-Treasurer Read a third and final time this 26th day of March, 1996. r i .., a...#. . inab:r ,,..-...%07 • r 1 Ariznil i:+ pr/Clerk-Treasurer • 2 Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell, Ontario NOJ 1TO Resolution 960423-08 April23, 1996 MOVED BY: SECONDED BY: �k`.. 11111Ik%.' Vjg WHEREAS Council il deems it necessary to amend the collection policy to acid section 1.8 as follows: 1.8 Municipal Staff will accept Government Cheques, however excess monies over and above the amount owing upon the account being paid will under no circumstances be refunded in the form of cash. Under no circumstances will third party personal cheques be accepted. CARRIED: � `� � ����/ I, A. FREE, C.E.T., A.M.C.T. Admit atrator/C1erk-Treasurer of the Village of Port Burwell, certify the forgoing Is a true copy Dated this,-iA ii day og 99 l G�OF PORT BG9 `-t ..t t THE CORPORATION OF THE IgoVILLAGE OF PORT BURWELL ,��� P.O.Box 10,Port Burwell,Ontario NOJ I TO =% telephone (519)874-4343 • fax (519)874-4948 �410lkink �i Memo PORTUS REFUG►UM Date: February 22, 1996 To: Council From: D. Free Re: Bylaw 96-10; Collection Policies Council: In the past staff has used informal/formal collection policies consisting of flow charts in order to establish a standard for the collection of revenues for the municipality. The financial results of 1994 and 1995 bear the success these policies have played in the operations of the municipality. It is however, prudent to finally formalize this process and to this end the attached bylaw and policy accomplishes this goal. We are one of the few to have a policy as such however, we are one of the more sophisticated organizations in Ontario. The bylaw confirms to everyone(the public, Council, staff and the auditors) the manner in which we do business. It should be noted that within the bylaw there is a degree of compassion as there will always be an effort to negotiate an appropriate payment scheme to the mutual satisfaction of both the municipality and the taxpayer. This also stipulates the role of Council and Councillors who may want to individually interfere with the collection process to protect friends or family members. There is however, the need to collect monies to pay our accounts and reduce borrowing costs. Please consider the attached bylaw at your convenience. ii 0 a • •. Free Encls. 1 David R.Free,CET,AMCT• Administrator/Clerk-Treasurer Schedule "A" Bylaw 96-10 Village of Port Burwell Municipal Collection Policy 1.0 Collection Procedures 1.1 Collection Policies - Taxation (Realty) a. Tax arrears listings shall be prepared by staff no later than 5 working days after the end of each month for review by the CAO/Treasurer. Accounts will be categorized for either first, second or third notice depending on the length of time outstanding. First notices will be sent upon missing payment of the first demand/instalment. The notice shall be in accordance to Appendix 1.1 of this policy. b. Second notices will be sent upon missing payment of the •Brat demand/instalment. and no response to the first notice. The notice shall be in accordance to Appendix 1.2 of this policy. c. The third and final notice shall be a notification that the services of a bailiff shall be employed for the final collection and shall be sent upon missing payment of the first demand/instalment and no response to either the first or second notices. The notice shall be in accordance to Appendix 1.3 of this policy. d. The Tax Collector shall prepare warrants to distrain chattel and goods and issued to a bailiff for collection. A bailiff or collection agencies shall be used only on long outstanding accounts where Village staff have been unable to collect or to set up repayment terms with the ratepayer. Upon the issuance of the warrant neither staff nor Councillors shall discuss the account with the taxpayer until payment or arrangement for payment to the satisfaction of the Tax Collector has been made. The warrant shall be in accordance to Appendix 1.4 of this policy. e. Collections made by the bailiff shall be remitted to Municipal staff for allocation to the appropriate accounts. f. In all instances the Tax Collector shall make attempts for mutually agreeable 1 arrangements for the payment of the account. These arrangements or agreements shall be in writing and have the approval of the Treasurer. An example of an agreement is provided within Appendix 1.5 of this policy. Exceptions to the general format will be determined by the CAO/Treasurer only based on past performance and specific circumstances. g. Schedule"B" of this bylaw is a flow chart of which provides the specifics with respect to the tax collection process. 1.2 Collection Policies - Taxation (Business) Business taxes shall be accounted for separately with monthly printouts (or as often as required) available to the tax collector in order to ensure collection of taxes. The tax collector shall a. Tax arrears listings shall be prepared by staff no later than 5 working days after the end of each month or as often as required for review by the CAO/Treasurer. Accounts will be categorized for either first, second or third notice depending on the length of time outstanding. First notices will be sent upon missing payment of the first demand/instalment. The notice shall be in accordance to Appendix 1.1 of this policy. b. Second notices will be sent upon missing payment of the first demand/instalment and upon no response to the first notice. The notice shall be in accordance to Appendix 1.2 of this policy. c. The third and final notice shall be a notification that the services of a bailiff shall be employed for the final collection and shall be sent upon missing payment of the first demand/instalment and no response to either the first or second notices. The notice shall be in accordance to Appendix 1.3 of this policy. d. The Tax Collector shall prepare a warrants to distrain chattel and goods and issued to a bailiff for collection. A bailiff or collection agencies shall be used only on long outstanding accounts where Village staff have been unable to collect or to set up repayment terms with the ratepayer. Upon the issuance of the warrant neither staff nor Councillors shall discuss the account with the taxpayer until payment or arrangement for payment to the satisfaction of the Tax Collector has been made. The warrant shall be in accordance to Appendix 1.4 of this policy. 2 e. Collections made by the bailiff shall be remitted to Municipal staff for allocation to the appropriate accounts. f. Schedule"B"of this bylaw is a flow chart of which provides the specifics with respect to the tax collection process. 1.3 Collection policies - Utilities a. Utility arrears listings shall he prepared by staff no later than 5 working days after each billing due date for review by the CAO/Treasurer. First notices will be sent upon missing payment of the original billing. The notice shall be in accordance to Appendix 1.6 of this policy. b. Second notices will be sent approximately 7 days upon missing payment of the original billing and no response to the first notice. The notice shall he in accordance to Appendix 1.7 of this policy. c. The third and final notice shall be a direct notification by staff to any remaining delinquent users that termination of services shall occur within twenty-four hours due to non-payment. The notice shall be in accordance to Appendix 1.8 of this policy. d. Should service termination occur as the result of non payment of the utility account, a deposit shall be required in accordance to Section 4.0 of this policy and service charge in the amount of $50.00 shall be paid prior to reinstatement of service. Continued failure to pay shall result in the account being placed on the tax roll and collection by a bailiff will occur in the same manner as outlined above in Section 1.1 of this policy. A bailiff or collection agencies shall be used only on long outstanding accounts where Village staff have been unable to collect or to set up repayment terms with the ratepayer. e. Collections that are delegated to a bailiff shall be remitted directly to the same and remitted to Municipal staff for allocation to the appropriate accounts. f. Schedule"C"of this bylaw is a flow chart of which provides the specifics with respect to the tax collection process. 1.4 Authority to Accept Monies on behalf of Municipality 3 Tax and Utility accounts (water/sewer) shall he collected by staff only during regular office hours. Members of Council shall not receive money on behalf of the municipality under any circumstance. 1.5 Agreements for Payment of Account In all instances the Treasurer shall make attempts for mutually agreeable arrangements for the payment of the account. These arrangements or agreements shall be in writing and have the approval of the Treasurer. An example of an agreement is provided within Appendix 1.9 of this policy. Exceptions to the general format will be determined by the CAO/Treasurer only based on past performance and specific circumstances. 1.6 Tax Sales Tax sales shall be a last resort and every attempt will be made to avoid this strategy and shall be in accordance to Section 7.0 of this policy. 1.7 Authority & Duty a. Staff shall carry out this policy under the authority of the CAO/Treasurer without preferential treatment to family, friends, coworkers and/or individual Councillors. b. No individual Council member shall interfere with the duty of staff to collect monies on behalf of the municipality towards preferential treatment to family or friends without the full and formal consent of Council. c. It shall be at the discretion of the CAO/Treasurer based upon the information available to use a system either a Distress Warrant or Legal Action with respect to the collection of taxes. If legal action is taken and judgment obtained, a number of additional remedies are then available to the municipality to recover the debt. The municipality shall compel the taxpayer to appear before a special examiner of the court to be examined with respect to his or her assets and ability to pay the debt. All of the evidence at this meeting is given under oath, and the taxpayer must answer all questions concerning financial matters, and provide copies of all income statements and other documents as are reasonably necessary. Failure to comply may result in contempt proceedings 4 before the court. A judgment obtained by a municipality can attach to any land owned anywhere in Ontario by the taxpayer, upon the filing of the judgment in the appropriate Sheriff's office. If the judgment is not satisfied promptly, the land can be sold within four months. The municipality shall upon its judgment use this as a basis for seizing other assets of the taxpayer such as bank accounts, equipment, boats and automobiles as are necessary to satisfy the debt. A judgment will also allow the municipality to garnishee wages and other debts that may be owing at present or within the next six years to the taxpayer by an employer or other third party. The Province of Ontario enjoys reciprocal enforcement of judgment legislation with most Canadian provinces and many of the American states, it may be possible to transfer, for the purpose of enforcement, the judgment obtained in Ontario to another jurisdiction where the taxpayer resides or holds assets. 2.0 Collection Services & Small Claims Court 2.1 Accounts which can not be collected as taxes or under the authority of the Municipal Act shall be remitted to the Ontario General Court, Small Claims Division. 2.2 The Treasurer/Tax Collector shall complete the claim in accordance with the requirements of the Small Claims Court. 2.3 The Treasurer/Tax Collector shall appear before the Small Claims Court on behalf of the Municipality providing the appropriate evidence as required in order to obtain a judgement. 2.4 Upon receipt of a judgement from the Small Claims Court Treasurer/Tax Collector shall engage the services of a bailiff to immediately enforce the terms of the judgement of the Small Claims Court. 3.0 Credit Information Requirements 3.1 Credit information shall be required for customers which residential and or • 5 commercial premise who are connected to municipal services. 3.2 Credit information is required from users of municipal services. Proper names, addresses and social insurance numbers shall be provided by users of rental units (commercial and residential) as well as authorization for the municipality to perform a credit check. Providing false information on the application will result in an administrative penalty of$100.00 for each and every occurrence. 3.3 All users are required to complete a Change Notice (Appendix 1.10) immediately for a change in mailing address. 4.0 Deposit Policies for Utilities 4.1 Tenant users of the water and sewer system are required to complete a Change Notice and provide a deposit to the Municipality equal to four months' minimum billings (or two billing periods). 4.2 Deposits are held by the municipality until such time as the tenant moves out of the Village or purchases a home within the Village. 4.3 The deposit shall be applied to any outstanding balance upon the termination of the person's account or formal notification of last day of occupancy of the rental unit. 4.4 Any remaining amount of the deposit, once applied to any outstanding balance is to be returned to the tenant within a reasonable period of time and in accordance with the financial procedures of the municipality. 5.0 Warrants to Distrain, Attomment of Rents a. Distress warrants shall be prepared by the Tax Collector in accordance to procedures as identified in Sections 1.1 and 1.2 of this policy. b. The warrant is to be prepared in accordance with the Municipal Act, R.S.O. 1990, Chapter M.45, sections 384, 385 and 400 to 405 inclusive. A sample warrant is provided under Appendix 1.4 of this policy. c. Rents of multi dwelling units shall be attomed in accordance to procedures 6 as identified in Sections 1.1 and 1.2 of this policy. The Tax Collector shall prepare the letter attomment. 6.0 Write Offs 6.1 The Treasurer from time to time shall review the utility and tax accounts and recommend to Council those arrears deemed to be uncollectible. 6.2 Evidence shall be provided that attempts have been made to collect outstanding accounts by any and all means available to the municipality. 6.3 Council shall reviewed the recommendation of the Treasurer and provide the final direction with respect to any and all accounts that will be "written off" as uncollectible. 6.4 Council shall be required to pass a resolution directing the Treasurer and the Tax Collector to "write off" the accounts and undertake the necessary accounting procedures to remove the account from the roll including budgetary measures which will recover the expense. 7.0 Tax Sales Tax Sale of real property shall be a last resort in satisfying the colleciton of taxes and shall be at direction of Council upon the recommendation of the CADO/Treasurer. The tax sale is the best remedy available to a municipality for tax arrears is the special lien on land created by Section 382 of The Municipal Act. This lien has a number of advantages: 7.1 The lien, once created, stands in priority over every other claim or encumbrance that another person may have against the land. On any sale of the property, the lien is a first charge against the proceeds and must be satisfied ahead of all others, except Crown liens. 7.2 Once created, the lien attaches to the land regardless of any change in ownership. There is no requirement for registration of the hen or any other notice of tide to prospective purchasers or others dealing with the land, and any interest that they may acquire is subject to the 1 ; 7.3 The lien relates to not only the original tax arrears, but also all interest, • 7 penalties, costs and additional taxes levied, or charges added in accordance with The Municipal Tax Sales Act. This provides assurance to a municipality that once a hen is created the entire amount owing on the ultimate sale of the land will be paid to the municipality. 7.4 A lien created for tax arrears can, after the lapse of time specified by law, entitle a municipality to dispose of the property in accordance with the procedure set out in The Municipal Tax Sales Act, 1984. The proceedures for the tax sale of land is as follows and it shall be the responsibility of the Treasurer to carry out these proceedings with the assistance of legal counsel as required. 1. Instituting the Procedure - $.3(1): Where any part of municipal real property taxes are outstanding on January 1st, after a two (2) year period for vacant land and three (3) years for improved land, the treasurer may, unless otherwise directed by council, prepare a tax arrears certificate and register it against the title to the land in the appropriate land registry office. 2. Tax Arrears Certificate - s.3(2).(4): The certificate must contain an accurate description of the land suitable for land registry office purposes. There must also be an indication that the land described will be sold by public sale if the cancellation price is not paid to the municipality within one year of the registration of one certificate. A tax arrears certificate for improved land cannot include more than one property or any vacant land that is a separate parcel. With regard to vacant land, only those lots on one registered plan may be embraced in one certificate. 3. First Notice - s.4(1).(2): The treasurer is required to send or cause to be sent, within sixty (60) days of the registration of a tax arrears certificate, a notice to the owner and all interested parties, advising of the registration and potential sale of the property. Included in those who should receive notice are the assessed tenants in occupation of the land ant their spouses. Where a notice has been sent to the owner of the land a separate notice must be addressed to the "spouse of the (name of owner of the land)". 4. Public Trustee - s.4(3): 8 If a notice has been sent to a corporation, the treasurer must also send a copy of the notice to the Public Trustee at 145 Queen Street Nest, Toronto, Ontario M5H 2N8. 5. Limitations for Notice - s.4(5): A person is not entitled to a notice if the treasurer has completed a reasonable search of the records of the registry, land titles and sheriff's offices, and the last returned assessment roll and does not find the person's address and the treasurer is not otherwise aware of the address. A person is not entitled to a notice if that person has waived, (preferably in writing), his or her right to a notice. 6. Statutory Declaration - s.4(4): After complying with the notice requirements the treasurer must prepare and register in the appropriate land registry office a statutory declaration, stating the names and addresses to whom notices were sent. 7. Payment of Cancellation Price - s.5(1),(2): The Act permits any Person to pay to the municipality the cancellation price within one year from the day on which the tax arrears certificate was registered. If such payment is received the treasurer must forthwith register a tax arrears cancellation certificate. Once the certificate is registered the process is halted. If the person paying the cancellation price received a notice ofregistration of a tax arrears certificate, then that person receives a lien on the property in the amount of the cancellation price. Should a person who has not been sent a notice pay the cancellation price, then such a person does not receive a lien. 8. Accounting - s.6(1): A person who pays the cancellation price before the end of the one year period may, unless the council has passed a by-law under section 15 setting a scale of costs, request the treasurer to prepare an itemized breakdown of the cancellation price. The request must be in writing and made within thirty (30) days of the Payment. 9. Extension Agreements - s.8: The legislation permits a municipality to enter into an agreement with the owner of the land extending the time in which payment must be made. The agreement must be authorized by a by-law passed prior to the expiry of the one-year period mentioned in subsection 9(1). 9 The agreement may be subject to such terms and conditions that relate to the payment. It may set out such things as the number of installments required to be paid and the amount of each, but it cannot reduce the cancellation price nor prohibit any person from paying the cancellation price at any time. Extension agreements must set out when and under what conditions the agreement is invalidated and state that upon payment by any person of the cancellation price the extension agreement is terminated. The period of time in which there is an extension agreement cannot he counted by the treasurer in computing the time for the necessary notifications regarding a sale as required in subsection 9(1). The agreement is to be open to inspection by the public and, upon request, the treasurer must produce the agreement and provide copies as required. The cost of providing copies is determined in accordance to the Municipal Act. Once the terms of the agreement are fulfilled or where payment is received the treasurer must register a tax arrears cancellation certificate. 10. Final Notice - s.9(1): Should the cancellation price remain unpaid 280 days after the day of registration of the tax arrears certificate, the treasurer will be required to send a final notice. This notice is sent to the same parties who received the initial notice, and again warns of a pending sale if the cancellation price is not paid before the expiry of the one-year redemption period. The treasurer has thirty (30) days following the end of the 280day period to send the notices. A statutory declaration as to who was sent a notice is not required to be registered, but should be retained by the treasurer. 11. Sale - s.9(2): If the cancellation price is not paid prior to the expiry of the one-year period and no extension agreement has been entered into, the treasurer must make a statutory declaration indicating to whom the final notices were sent. The treasurer then must advertise that the property will be sold. The advertisement is placed once in the Ontario Gazette and once a week for four weeks in a newspaper that, in the treasurer's opinion, has general circulation in the municipality. If there is no local newspaper the treasurer must post a notice in the municipal office and at least one other prominent place in the municipality. 10 12. Method of Sale - s.9(3): The method of sale of a property may be either by public auction or by public tender as determined by the treasurer. The sale will he subject to certain rules that will be established by Ontario regulation. 13. Minimum Acceptable Bid/Tender - s 18(2): The minimum acceptable offer on a property will be the cancellation price. 14. MuniciDalitv May Bid or Tender - 2.9(8): A municipality may, if the council by resolution authorizes it, bid or tender on a property being offered for sale under this Act. The municipality must however, have a municipal purpose for the property if it does bid or tender. 15. Treasurer Gives Tax Deed - s.9(3)(a): If there is a successful purchaser at a sale, the treasurer must prepare and register a tax deed in the name of the successful purchaser or in the name that the successful purchaser directs. The deed is final and binding when registered. Therefore, the treasurer must ensure before registering the deed that the procedures of the Act have been complied with and that the tax deed is accurate in all respects. 16. Municipality Receives Title - s.9(3)(b): If there is no successful purchaser who offers to pay as a minimum the cancellation price or if the sale price and land transfer tax is not paid, the municipality receives title to the property when the treasurer registers a notice of vesting in the name of the Municipality. 17. Statutory Declaration - s.9(4): At the time of registering either a tax deed or a notice of vesting, the treasurer must also prepare and register a statutory declaration that: the tax arrears certificate was registered at least one year before the land was advertised for sale; the notices were sent and statutory declarations were registered; the cancellation price was not paid within the one year period; and the land was properly advertised for sale. 18. Conveyance - s.9(5)(7): A registered tax deed or notice of vesting acquired under this Act vests the lands free and clear 11 of all interests except those of the Crown, any easements and restrictive covenants that run with the land and any interest or title acquired by adverse possession by abutting land owners in either the successful purchaser's or the municipality's name as the case may be. A conveyance does not relieve the purchaser from any responsibility for payment of any pending municipal taxes. A tax deed does not impose upon the municipality the obligation to provide vacant possession. In other words, if a municipality sells a property it is not required to ensure that any persons living at the residence at the time of the sale are removed before the successful purchaser takes possession of the properly. 19. Value of the Land - s.9(11): The Act does not require the treasurer to determine the value of the land before undertaking a sale. 20. Distribution of the Proceeds - s.10(1): The Act sets out how any proceeds from a sale must be distributed. The money must first be applied towards paying all of the cancellation price, secondly, to any person, other than the owner, who has an interest in the land, according to their priority at law, and finally to the former owner. It is the responsibility of the District Court to determine the distribution of the proceeds. 21. Payment - s.10(2): Once the property has been sold the treasurer must pay the proceeds of the sale, less the cancellation price, into the District Court with a statement of the facts upon which the payment has been made 22. Claims - s.10(3),(4): Any person or party who claims an entitlement to the proceeds may apply to the District Court within one (1) year of the payment into the court for settlement of the claim. The court will then determine all of the entitlements. 23. Forfeiture to the Municipality - s.10(5): Should no claims be made to the court within the one year period, the amount paid into the court is forfeited to the municipality. The municipality must apply to the court should it wish to obtain the funds. 12 24. Giving Notice - s.11(1): The Act establishes the methods of giving the required notices. Any notice required to be sent may be sent either by certified or registered mail, or bye personal delivery to: a) The address as shown on the last returned assessment role of the assessed owner; b) The Public Trustee where necessary; c) Those with a registered interest, at their address as shown in the land titles or registry office or where there is no address shown, to the solicitor whose name appears on the registered instrument; d) Those with an interest as shown by the index of executions under the Land Titles Act or by the index of writs received by the sheriff under the Registry Act, at the address of the person or the address of his or her solicitor. e) The spouse of the assessed owner at the address of the spouse or if that address is not known, then the notice is sent to the address of the land. 25. Notice to Assessed Tenants - s.11(2): If a notice is to go to the assessed tenant in occupation of the land or to the spouse of the assessed tenant, it may be jointly given by personal delivery or by ordinary mail addressed to "the occupant and spouse" at the address of the land. 26. Notice by Placard - s.11(3): If there are six or more assessed tenants in occupation of the land, instead of sending individual notices, the treasurer may poet up a notice by placard on a place on the land where it will readily be seen by the assessed tenants. 27. Tax Arrears Cancellation Certificate - s.12(3): If the treasurer becomes aware that he or she has failed to substantially comply with the notice provisions, or if there was an error or omission in the registration or sale of the land that misleads or otherwise harms the interests of a person, then the treasurer must register forthwith a tax arrears cancellation certificate. The treasurer may re-register a tax arrears 13 certificate against the Properly and start again. 28. Halting the Procedure - s.12(6): The treasurer has the authority to halt the proceedings if there is some error, omission or neglect that makes it impractical or undesirable to continue. Also, if the treasurer is of the opinion that it would not be in the financial interests of the municipality to go on, the treasurer may stop the proceedings. Should such a decision be made, the treasurer will have to register a cancellation certificate. Registration of the certificate does not prevent the treasurer from re-registering a tax arrears certificate and starting the procedure again. 29. Scale of Costs - s.15: A municipality may pass a by-law establishing a scale of costs that may be charged as the reasonable costs of carrying out the procedures, in lieu of charging the actual costs of the municipality on each individual property that is registered. The scale must be such that it only meets the anticipated costs of the municipality in proceeding under the Act. 30. Treasurer May Delegate - s.16(2): The Act permits a treasurer to delegate, in writing, his or her duties as required under the Act, to any officer or employee of the municipality. 31. Upper-Tier May Collect - s.17: The Act makes provision for the county, metropolitan, regional or district councils to enter into an agreement, by by-law, with any local or area municipality to authorize the county or upper-tier treasurer to perform the duties of the local treasurer under the Act. The Upper- Tier treasurer would exercise the duties in respect of land within the local Municipality. The agreement may set out the amount of payment to the Upper-Tier out of the cancellation price that reflects their reasonable costs incurred during the procedures. As well, it may determine the method of cancelling the agreement and establish any other requirements that may be necessary to carrying out the agreement. Where there is an agreement in effect only the upper-tier municipality may pass by-laws fixing a scale of costs and allowing for the entering into of extension agreements. An agreement may be cancelled either by the upper-tier or by the local or area municipality 14 at any time. The cancellation must be done according to the terms set out in the agreement. If this occurs, the municipality initiating the cancellation must inform the other by sending a certified copy of the by-law. When the agreement is cancelled, the local treasurer assumes the responsibility for the administration of the procedures required by the Act. 32. Transition Period - s.23: A transition period is provided for those properties where a tax arrears certificate under the Municipal Affairs Act has been registered or where a certificate under the requirements of the Municipality Act has been issued. In these instances the proceeding will continue under the appropriate Act. 15 oonr06+t THE CORPORATION OF THE ACCOUNT NUMBER � �� VILLAGE OF PORT BURWELL ByL w 96-10 imminew � � Y \a:�*� P. O. Box 10. Port Burwell.Ontario NOJ ITO `id '� ' telephone (519)874-4343 • fax (519)874.4948 °onrus at'ui.i° PLEASE RETURN THE ENTIRE TOP PORTION WITH YOUR PAYMENT •KEEP LOWER PORTION FOR YOUR RECORDS OVERDUE AMOUNT 209 . 59 BANKS ARE NOT AUTHORIZED TO ACCEPT THIS PAYMENT Port Burwell ON NOJ 1J0 DUE DATE Mar 29 , 1996 E BCE ACCOUNT NUMBER SERVICE ADDRESS METER NO DUE DATE OVERDUE AMOUNT Mar 29 , 96 209 . 59 NOTICE DATE March 1 , 1996 Our records indicate that your property tax account is in serious arrears in the above noted amount . You are to contact the municipal offices immediately to discuss payment of your account . Failure to comply by Mar 29 , 1996 will result in alternative collection procedures which will be costly and directly charged to your account . THE CORPORATION OF THE VILLAGE OF PORT BURWELL OFFICE HOURS 900 AM TO 500 PM MONDAY TO FRIDAY PHONE 874-4343 P 0 Boa 10.Port Bu,well.Onurro NO! I TO ACCOUNT NUMBER s, '°`b THE CORPORATION OF THE Appendix 1.7 'I���' VILLAGE OF PORT BURWELL ByLaw 96-10 diessesessiew ; P. O. Box 10,Port Burwell,Ontario NOJ ITO ^—rat , telephone(519)874-4343 • fax (519) 874-4948 PLEASE RETURN THE ENTIRE TOP PORTION WITH YOUR PAYMENT •KEEP LOWER PORTION FOR YOUR RECORDS OVERDUE AMOUNT 60 . 00 BANKS ARE NOT AUTHORIZED TO ACCEPT THIS PAYMENT I GD DUE DATE Port Burwell ON NOJ 1T0 Mar 19 , 96 --- METER NO DUE GATE OVERDUE AMOUN ACCOUNT NUMBER SERVICE ADDRESS Mar 19 , 96 60 . 00 NOTICE DATE February 19 , 1996 Your water & sewer account is in arrears for the above noted amount . You are hereby informed that if payment is not received by Monday, Mar 19 , 96 at 5 : PM your services will be disconnected . If you are a tenant , a deposit of $120 plus payment of the above noted amount will be required to reinstate your services should disconnection occur . If you are homeowner, amount willObeturn-off required to charge plus payment of the above noted reinstate your services . THE CORPORATION OF THE PHONE 874-4343 VILLAGE OF PORT BURWELL order HOURS 900 AM TO S00 PM MONICA, Tc FRIUAY P 0 Bo. 10 Port 8u/well Onu,.o NOl i'0 °`°Qpjwq THE CORPORATION OF THE Appendix 1.6 ACCOUNT NUMBER 1 ,-��5�, VILLAGE OF PORT BURWELL amemissur 4.1.4*, ByLaw 96-10P. O. Box 10. Port Burwell, Ontario NOJ I TO l` -% "4 telephone (519) 874-4343 • fax (519) 874-4948 PLEASE RETURN THE ENTIRE TOP PORTION WITH YOUR PAYMENT •KEEP LOWER PORTION FOR YOUR RECORDS OVERDUE AMOUNT 60 . 00 EsA^,h APE NOT AUTHGHLED AC,..Ei 'r 41;PAY MEN' illmiiiimmillinilliew GD DUE GATE Port Burwell ON NOJ 1TO Mar 19 , 96 { I E BOE ----- - ACCOUNT NUMBER SERVICE ADDRESS METER NO. DUE DATE OVERDUE AMOUR I Mar 19 , 96 60 . 00 NOTICE DATE February 8 , 1996 Please note that your water & sewer account is in arrears . Please make arrangements to pay the above noted amount by Mar 19 , 96 to avoid disruption of service . THE CORPORATION OF THE VILLAGE OF PORT BURWELL OFFICE HOURS 900 AM TO 500 PM MONDAY TO FRIDAY PHONE 874-4343 P 0 Box 10.Port Burwell.Onurlo N01 ITO Appendix 1.4 By-Law 96-10 Corporation of the Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell, Ontario NOJ 1To VS Name Address Distress Warrant Dated: January 18, 1996 Roll# 340200000####000000 Municipal Address Address Warrant # 96-001 P.B.W. • Direction to Distrain for Taxes (if necessary) Section 384, 385 and 400 to 405 inclusive - , Municipal Act R.S.O. 1990, Chapter M.45 as amended to: My bailiff in this behalf Or his appointee: You are hereby authorized to distrain the goods and chattels of : Address Street, Village of Port Burwell Which you shall find on the premises of the property described: As per the attached Or if said goods and chattels being liable to be distrained for taxes owing have been removed from the above mentioned premises, they are nevertheless liable to be distrained for taxes owing wheresoever they shall be found within the County of Elgin for the sum of: $ tax arrears penalties & interest Total Bailiff Fees _s Grand Total And now in arrears and unpaid, and, if default of payment of such arrears of taxes, penalties and lawful costs of said distress, to sell and dispose of the said goods and chattels according to law, for the recovery of the arrears of taxes, penalties and lawful costs, and for so doing this shall be your sufficient authority. Given under my hand at the Village of Port Burwell, County of Elgin, Province of Ontario, this eighteenth day of January, 1996. The Corporation of the Village of Port Burwell Tax Collector Administrator/Clerk-Treasurer Property Taxes Municipal Address: Address Roll #: 340200000####000000 tax arrears $ penalties & interest $� Total $ Bailiff Fees $ IMNER.= Grand Total Appendix 1.5 Bylaw 96-10 Village of Port Burwell Agreement of Tax Payment Terms I, , a ratepayer within the Village of Port Burwell, agree to repay my outstanding tax account in the following manner. every (weeks, months) and hereby provide to the Tax Collector of the Village of Port Burwell postdated cheques to cover my outstanding account. I have been fully informed by the Tax Collector that should any of my postdated cheques be returned NSF, the postdated series remaining in the hands of the Tax Collector shall be deemed VOID by the Village. A service charge of$25.00 shall be applied for each NSF cheque and I shall be required to repay the full amount of my outstanding account within five working days by cash, certified cheque or money order. Name S ignature Roll Number Address Telephone number 16 4rei+t;\ THE CORPORATION OF THE Appendix 1.1 ACCOUNT*SABER r4111111111111y VILLAGE OF PORT BURWELL ByLaw 96-10 1111.11.1111111111 ` AVA P. O. Box 10. Port Burwell,Ontario NOJ I TO telephone(519)874-4343 • fax (519)874-4948 PIATuswix.06 PLEASE RETURN THE ENTIRE TOP PORTION WITH YOUR PAYMENT •KEEP LOWER PORTION FOR YOUR RECORDS OVERDUE AMOUNT 209 . 59 BANKS ARE NOT AUTHORIZED TO ACCEPT THIS PAYMENT 11.1011111111, Port Burwell ON NOJ 1J0 DUE DATE Mar 29 , 1996 E80E ACCOUNT NUMBER SERVICE ADDRESS METER NO DUE DATE OVERDUE AMOUNT Mar 29 , 96 209 . 59 NOTICE DATE March 19 , 1996 Please note that your business tax account is in arrears in the above noted amount . Please make arrangements to bring this account into good standing by Mar 29 , 1996 or additional interest charges will apply . THE CORPORATION OF THE VILLAGE OF PORT BURWELL FOE HOURS 00 AM TO 500 PM MONDAY TO FRIDAY PHONE 874-4343 P 0 Boa 10.Port BurweI Ontar,o N01 !To ,r4111111.4.1 p 4 THE CORPORATION OF THE Appendix 1.2 COUNT NUMBER 4/4 VILLAGE OF PORT BURWELL Bylaw 96-10 `c:�w1w P. O. Box 10.Port Burwell.Ontario NOJ ITO kjwww telephone (519)874-4343 • fax (519) 874-4948 Ponrus In,tnN PLEASE RETURN THE ENTIRE TOP PORTION WITH YOUR PAYMENT •KEEP LOWER PORTION FOR YOUR RECORDS OVERDUE AMOUNT 209 . 59 BAVK,.AI+E NOT rr „; LEP' Irv', A...4Et4' Port Burwell ON NOJ 1J0 ( DUE DATE 1 Mar 29 , 1996 E &of ACCOUNT NUMBER SERVICE ADDRESS METER NO DUE DATE OVERDUE AMOUNT Mar 29 , 96 209 . 59 NOTICE DATE March 1 , 1996 Our records indicate that your property tax account is in serious arrears in the above noted amount . You are to contact the municipal offices by Mar 29 , 96 to discuss payment of your account . Ti-(CORPORATION OF THE VILLAGE OF PORT BURWELL OFFICE HOURS 900 AM TO 500 PM MONDAY TO FRIDAY PHONE 174-4343 P 0 Boa 10.Port Burwell.Onurto NO)I TO 4Terdni Please note that your water/sewer deposit has not been paid to date. Payment must be received at the Municipal Office today, Wednesday, August 30, 1995 by 5:00 p.m. or service will be disconnected tomorrow morning. Full payment of the deposit will be required to reinstate your service. /72,0e / ?cada Jc - G{n, Please note that your water/sewer account is in serious arrears. Payment must be received at the Municipal (A1.1 Office today, Wednesday, August 30, 1995 by 5:00 p.m. l��' or service will be disconnected tomorrow morning. If you are a tenant full payment of your account as well as a $132.00 deposit will be required to reinstate your service. If you are a property owner full payment of your account as well as a$50.00 turn-on charge will be required to reinstate your service. Appendix 1.9 Bylaw 96-10 Village of Port Burwell Agreement of Utility Payment Terms I, , a user within the Village of Port Burwell, agree to repay my outstanding utility account in the following manner. every (weeks, months) and hereby provide to the Treasurer of the Village of Port Burwell postdated cheques to cover my outstanding account. I have been fully informed by the Treasurer that should any of my postdated cheques be returned NSF, the postdated series remaining in the hands of the Treasurer shall be deemed VOID by the Village. A service charge of$25.00 shall be applied to my account for the NSF cheque and I shall be required to repay the full amount of my outstanding account within five working clays by cash, certified cheque or money order. Name Signature Address Telephone number 7 Appendix 1.10 Bylaw 96-10 The Corporation of the Village of Port Burwell Change Notice/Credit Application Municipal Address: Name: Mailing Address: Status (tenant, owner) Move IN date: Move OUT date: Bank: Social Insurance Number: Deposit required (y/n): Deposit payment terms: I hereby consent to the terms and conditions of by-law 96-10 and the water & sewer rates by law in effect respecting the municipal services provided and will at all times provide accurate and timely information with regards to my account with the Village of Port Burwell. I hereby understand and consent to a credit check with the Better Business Bureau and Credit Bureau considering credit privileges extended by the municipality. Signature: Name: Municipal Agent: 18 Schedule"B" Bylaw 9Q-10 Village of Port Burwell Tax Collection Process /1 I l' $ Payn�tent of Account I weer Review of Tax Arrears by ;:.4. larm Case Mast Mow arra I 1-.dem Treasurer 5th working day of each Month •i: ' L Mailing of Notice#1 to Tax Payers Reminding of Arrears Approximately 30 Days given before 1 *Ili next step. J IT Mailing of Notice#2 to Tax Payers Demanding Attention&Action with respect to Tax Arrears Approximately 30 Days given before 4:41K P1111.1".*— next step. -{r Mailing of Notice#3 to Tax Payers Notification of Bailiff Action pending payment of Tax Arrears Approximately 15- .._ 30 days given before 410 next step. Preparation of Distress Warrant by the Treasurer under the authority of the Municipal Act r Bailiff Services i.il....,..i..i.:....:,...' RSO 1990 Sections 384,385 CO1etil Notification Collects Taxes Summary Only 11 and 400 to 405 Inclusive (including fees) Returns$to Illr Treasurer 410 MOM Payment Note ♦ Distress Warrants to be Filed in Records Mgmt 1 Interest Charges are levied at a rate oft 25%per month and Systt'<rI w charged on the first day of each month 2 See attached Nofficabru to be used in this process 3.Bailiff fees and otter costs mil be added lo Tax BM and will be fitS collected by Treasurer in accorance with Municipal Act RSO 1990 M.45 ?iiiirafoo u�F:3ii :a i ti :i iu,i,::•... 4.The Treasurer will not accept payment by post dated cheque in association with tax arrears. 5 The Treasurer shall accept cash.certified cheque and/or money order only. 6.Tax Salm will be used as s final strategy and in instances where payment can not be secured by the process within this document 7 Times may vary regarding the mcution of each stage of collection based upon schedule of Office staff and Treasurer Schedule C ByLaw 96-10 Village of Port Burwell Water/Sewer Collection Process Review of Water/Sewer Arrears by Payment of Account UPdes Treasurer approximately vii (tee Cash Mont Flow Chet) Lehr 5 Working Days after the due date of the bis. MNti Remindingailoce f9 of Arrears toUsers 7 day to Pay Acct Approximately 7 Days given before *IN next step. • /failing of Notice 112 to Users Deposit required 13 . Notification of Service Shut off equal to 4 months within 5 daysminimum billing. if applicable. Landlord notified of pending third party demand (see Landlord Letter) Approximately 5 Days given before service shut off. Service 4210 termination to occur between Monday &Thursday Service Termination Bailiff Services 11 150.00 Charge required by owner c. i Collects User and deposit by tenant Third party demand placed on Charge through Taxes(including Landlord if applicable fees) Returns all $to Treasurer • 4210 Ir 4211* AL /hould property owner fail to pay account, arrears will be added on Tax Roll and Collected via a Distress Warrant under the authority of the Municipal Act RSO 1990 Sections 384, 385 and 400 to 405 indusive Note 1 Penalty Cups of 5%of total being Syed chirped m h rust dry aIle the due dale 2 Sea alladad Noesae.w and letters b Lwndords to be used in this process 3 Santa Shu df far and other costs war be added to h Ueay ale war be collected by Tremont in accordance wren Memel Ad RSO 1990 M.45 and h Public Viler Ad RSO Chap P 52. 4 The Treaester war rot accept payment by pow doled doge n reouwton wet uity armors. 5 The Trimester was accept uwt added cheque arrior rrtonay order only / 6.'Third party demand on the LandOrd panneled under h Tat Freedom d kMormYcn and Privacy Ad(Commission nleplrwn) 7.A Dale stet be used in ratans Ware h utility smart mut Warrants to be Filed in be pea on the tar(roll nor collodion_ The Tremont we use a Records Mgmt System ~art O Duran as a end strategy and in rotator Were pyran can not be noted by tie processes ween tie downers 8 Tures my vary regard rep h execution of sedh wage of cor:Jm based upon schedule d Moe sled end Tremors' 9 Al acodunts must compels applkason ram Wan applying b wwertso er serene or when account Wares d*l arL Aptienittilt ±+i -Sci-xz-1.„..L.Lc,'b Bylaw 96-10 Village of Port Burwell Tax Sale Proce‘dure Where a Sale of Property Occurs Treasurer is unable to collect 111 predicts .,..s, .::.,...„.,,.,,)1111:??:, ...ammunismw i Tax Arrears Certificate Registered taxes under usual ::...,.: ,. .,.. . on Title in Registry Office collection .ffl .4.111119%.• of Subject Property by Treasurer :::,. Treasurers Declaration ( :hi1.007.0010) Required ' 111 Notice#1 to Tax Payer witn SO days of Registration of Tax Certificate -..--- . INo Payment redeved or extension — Agreement granted I by Council. vs4 Final Notice 280 Days 41111 after Tax Certificate Registration Information Filed Records Mgmt System I One Year Redemption Period _ expires:No Payment 1 Recieved ' .. Land Advertised For Sale Under the Authority of Z \ the •-- i.M,Jrlicipal Tax Sales Act • / Treasurer Sells , ..., No Successful ‘ Notice of .ig Land by Purchas" ..,,,;:' Vesting ....... ..... .... ..... Tender or Auction Nommon2 .4'..:''' Registered „ i• - '•.,',.: ..:$ Successfulpur I alma I chaser Treasurers Declaration Treasurer Prepares and Required Registers Tax Deed Notice of „i.:', in Registry Office Vesting .:::::? Registered in in .. .:: . --- Registry Office 7System ..:,:•:.: • . ...), , Proceeds of Sale Infomwdon Filed Payment Distributed to Owner $ Municipality Owns Records Mgmt Property Schedule"D" Bylaw 86-10 Village of Port Burwell Tax Sale Procedure Where a Sale of Property Occurs Treasurer is unable to collect Tax Arrears Certificate .i:;:s.,* )72Registered 1 .;‘,. taxe:ounnecdtelrouon True usual ii," $ -:<<,... in Registry Office =Or practices of Subject Property by Treasurer .ii'.&:' . ''i.:::RM: :]iii•:ik70::::Ue::i''. V Treasurers Declaration / Required Notice#1 to Tax Payer within 60 days of Registration or Tax Certificate \ :ort extension Agreement granted by Council. .::•- :-:]V: ii-'. Final Notice _ 280 Days /NM after Tax Certificate ....,....., Registration Information Filed 1?: Records Mgmt System :b I One Year Redemption Period .x,. expires;No Payment .•:::K:WiNEM:MME:VK I Received tr z7/ AdsyaelrteisedFor , Under Authority of the \, ,unicipal Tax Sales Act --__ 1 Treasurer Sells NosNotice of A?' Land by ' putric=1 Vesting Tender Tender or Auction Registered .M.r I Successful Purchaser Le.u.11"1".. """"'"`‘n t N.:.\.-.. N------- Treasurers Declaration Treasurer Prepares and Required 4*:MAtOsi..4, Registers Tax Deed r Notice of \ in Registry Office 5:1 Vesting di? --- . ----- --- .. .......... — .................... .. \ RegistereRe ....! st Of .: .:: Office -W ...... ,....::, .:,•i':':,' –.111 ,,.:.:.,„.„.:.:.:.....,.......,...„.:: ------- 4,:.....__, Proceeds of Sale Information Filed F. Distributed to Owneeft r / Municipality Owns Records Mgmt System P Property :..ii ..............................'''',':;•:'.,';'''";: ' The Corporation of the Village of Port Burwell PO Box 10 21 Pitt Street Port Burwell ON NOJ 1TO By-Law96-11 (oo ag +) Being a by-law to appoint a Head of Council, a Municipal Freedom of Information and Privacy Coordinator and to provide for local policies under the Municipality Freedom of Information and Privacy Act WHEREAS the MUNICIPAL FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT, R.S.O. 1990, Chap. M.56 as amended provides that there shall be access to municipal records and the protection of privacy, and; 'WHEREAS, Council is desirous to establish policies with regard to the MUNICIPAL FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT and Regulations therein as permitted. THEREFORE the Council of the Village of Port Burwell enacts as follows; THAT a Council member shall be appointed by resolution from time to time as the Head as it may apply to the MUNICIPAL FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT, and; THAT the Administrator/Clerk-Treasurer shall be appointed as the MUNICIPAL FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY Coordinator, and; THAT, local and specific matters pertaining to MUNICIPAL FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT shall be governed by policies as permitted in accordance with Appendix "A" and "B" of this bylaw and shall be amended from time to time by Council resolution. 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 fi d second a t'_ 2. day of March, 1996 • Re e A min' rator/Clerk-Treasurer Read a t1d . u • final time /'2 j day of March, 1996 • - 1 - • f _4 • Admi i rat Clerk-Treasurer �. .� • • 2 Appendix "A" Bylaw 96-11 Village of Port Burwell PO Box 10 21 Pitt Street Port Burwell, Ontario, NOJ 1T0 INFORMATION REQUEST FEE POLICY AND PROCEDURE 1. General a) This policy is intended to provide a mechanism for the Municipality to recover all reasonable direct and indirect costs associated with responding to informal requests for information that require staff to take some specific action on the requester's behalf and/or prepare a formal response. b) The fees provided for under this policy apply to requests for all types of information held by the Municipality, including requests by individuals for their own personal information, unless they are specifically waived (see 5 below). These include requests for both records and/or answers to questions that may or may not be documented in pre-existing records. c) The policy must be applied in a reasonable fashion and fees should not be charged for very routine requests that can be dealt with briefly and economically at the time they are received. d) Although requests may be verbal or written, the appropriate request form should be used to clarify what is being sought and to calculate the fees. e) The charging of fees under this policy does not apply to the following types of requests formal access requests submitted under the terms of the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA); 1 ii routine requests for information received from other municipalities, school boards, police services, hydro commissions, other local government agencies or associations, and provincial or federal government agencies involved in local programs. f) This policy does not apply to situations where Municipal information is offered for sale under an approved fee schedule (see 2a below). g) This policy does not apply to situations where the Municipality is compelled to locate and provide information as part of a judicial or quasi-judicial proceeding. It can, however, be used as the basis for estimating costs in such circumstances h) This policy applies to requests for information made by members of the public at Municipal Council or Committee meetings if the matter is referred to the appropriate department head for a response. i) This policy can provide the basis for calculating costs for special enquiries made under the Council Procedure By-law. 2. Application of Other Fee Schedules a) Individual departments may set other specific fee schedules for copying and/or the sale of recorded information as permitted by legislation and/or as approved by Municipal Council. b) Where such an approved fee schedule exists, it takes precedence over this general policy. 3. Chargeable Products and Services a) Fees may be charged for the following: i photocopies and computer printouts; ii blank computer disks; iii staff search time to locate relevant records; iv staff research time to locate and organize relevant information; document preparation time (eg, severing material); vi computer programming time to generate relevant records; • 2 vii computer and other costs incurred in locating, retrieving, processing and copying records: viii postage or shipping costs; or ix any other costs incurred in responding to a request. b) The specific amounts to be charged for the items listed in 3a above are to be in accordance with those prescribed in the moat current regulations passed under MFIPPA. 4. Fee Estimates Deposits and Payments a) Where the total fee is anticipated to exceed$25, an estimate must be provided to the requester before staff begin to process a request. b) If possible, the estimate should be provided when the request is received. If this is not • practical, the estimate must be prepared and communicated to the requester as soon as possible thereafter. c) The requester must agree to pay the estimated coat before staff continue to process the request. d) The payment of a deposit equal to 50%of the estimated coat may be required before proceeding. If the actual fee is less than the deposit the balance must be refunded. e) If, during the subsequent processing of the request, it becomes clear that the actual cost is likely to exceed the original estimate substantially, a revised estimate must be provided. f) The full payment of all fees may be required before providing the requested information. g) The decision to require the payments outlined in 4d and 4e above rests with the department or program responsible for the records. 5. Fee Waivers a) Some or all fees may be waived in the following circumstances: i the total fee is less than$5; • 3 ii it is in the general Public interest to Provide the information; iii it is in the Municipality's interest to provide the information; iv a waiver is requested because payment would result in a demonstrable financial hardship; or the actual cost to respond to the request is dramatically higher than what was reasonably anticipated by all parties when the request submitted. b) The decision to waive some or all fees rests with the department or program responsible for the records. 6. Accounting a) Fees should normally be paid directly to the department or program responsible for the records. However, separate invoices will be issued by Finance as required. b) Receipts will be provided upon request only. Unless an invoice is issued by Finance, program staff are responsible for issuing a standard receipt. c) Once fees have been collected; all accounting details (ie, revenue account and cost centre).are to be recorded on the appropriate form and sent along with a copy of any receipt issued, to Finance (accounts receivable). • d) All fees collected under this policy will be credited to the appropriate revenue account of the program area(s) responding to the request and providing the information. 4 Appendix "B" Bylaw 96-11 LIST OF CURRENT FEE AMOUNTS BASED ON REGULATION 823 Fees for General Information Requests Search Time: $7.50 for each 15 minutes Research Time: $7.50 for each 15 minutes Record Preparation: $7.50 for each 15 minutes Photocopies/printouts: $0.20 per page Computer Programming: $15 for each 15 minutes Floppy Disks: $10 each Other Costs: Amount specified in an invoice Fees for Personal Information Requests (Own Information) Photocopies/printouts: $0.20 per page Computer Programming: $15 for each 15 minutes Floppy Disks: $10 each Other Costs: Amount specified in an invoice 5 Information Request Form Village of Port Burwell Bylaw 96-11 Personal information contained on this form is collected pursuant to the Municipal Act and will he used for the purpose of responding to your request Questions about this collection should be directed to the Administrator/(jerk-1 reasurer to which the request is made Part 1 Information Requested Last Name First Name Middle Initial ❑ Mr. ❑ Mrs. ❑ Ms. ❑ Miss Address City or Town Postal Code Daytime Telephone Number Preferred method of access Signature Date ❑ Examine Originals ❑ Receive Copies Part 2 Information Requested * Please provide a detailed description of the records or information that you are seeking as well as any detail on where you believe tt may be located Part 3 Office Use Department Program Date Received Received by File/Request Number Comments: Part 4 Fee and Estimate Calculation Deposit and Fee Information Estimated and Actual Fee Date Amount S Activity Estimated Fee Actual Fee Notified of estimate Search/Research Deposit requested Reproduction Estimate acceptance/ Preparation deposit received Fee waived In whole Shipping In part Computer Programming Refund Other: Fee requested Total Fee> Fee received Less deposit received Signature for Fee Acceptance:(or attach wrinen confirmation) Less amount waived Balance refunded or owing REGIONAL MUNICIPALITY OF WATERLOO CORPORATE RESOI;RCiS I",c t Frederick Street. Kitchener. Ontario N2(1 4.13 t _1� Regional Clerk's Division Telephone: 1519)575-4722 ' , 9II Corporate Records&Archives Fax:15 1 91 575-4481 �•rRo� March 8, 1996 File: M04-50 OF PORT ev., �� Mr. David Free =.J ` Village of Port Burwell .� i 19S5 ;. P.O. Box 10PA " Port Burwell ON NOJ 1TO Dear Mr. Free, Further to our discussion at the FOIP Coordinators meeting on March 6, enclosed is Waterloo Region's user fee policy for non-MFIPPA requests for information. The user fee policy was approved by Council on February 22, 1996 and replaces an earlier policy which included only photocopying costs, and did not address search time, computer costs, shipping or research costs for inquiries which required information to be collated, synthesized or created. Senior management felt that it was important to bring user fees into line with those charged under the new MFIPPA schedule in order to bring consistency to all requests and to ensure an adequate return on the amount of staff time involved in responding to informal requests. The key differences between the informal request policy and the MFIPPA fee schedule are: no application fee for making informal requests; requests from other government agencies are handled at no charge; and departmental staff continue to have the discretion not to charge fees if they feel that waiving fees is in the Region's/public's best interests. If I can be of any further assistance, please do not hesitate to contact me at (519) 575-4492 . Yours sincerely, Geoff Bell Access/Research Officer REGIONAL MUNICIPALITY OF WATERLOO INFORMATION REQUEST FEE POLICY AND PROCEDURE (Approved by Regional Council on February 22, 1996) 1. General a) This policy is intended to provide a mechanism for the Region to recover all reasonable direct and indirect costs associated with responding to informal requests for information that require staff to take some specific action on the requester's behalf and/or prepare a formal response. b) The fees provided for under this policy apply to requests for all types of information held by the Region, including requests by individuals for their own personal information, unless they are specifically waived (see 5 below) . These include requests for both records and/or answers to questions that may or may not be documented in pre-existing records. c) The policy must be applied in a reasonable fashion and fees should not be charged for very routine requests that can be dealt with briefly and economically at the time they are received. d) Although requests may be verbal or written, the appropriate request form should be used to clarify what is being sought and to calculate the fees. e) The charging of fees under this policy does not apply to the following types of requests: i formal access requests submitted under the terms of the Municipal freedom of Information and Protection of Privacy Act (NFIPPA); ii routine requests for information received from other municipalities, school boards, police services, hydro commissions, other local government agencies or associations, and provincial or federal government agencies involved in local programs. f) This policy does not apply to situations where Regional information is offered for sale under an approved fee schedule (see 2a below) . g) This policy does not apply to situations where the Region is compelled to locate and provide information as part of a judicial or quasi-judicial proceeding. It can, however, be used as the basis for estimating costs in such circumstances. h) This policy applies to requests for information made by members of the public at Regional Council or Committee meetings if the matter is referred to the appropriate department head for a response. i) This policy can provide the basis for calculating costs for special enquiries made under section 24 of the Council Procedure By-law. 2. ;implication of Other Fee Schedules a) Individual departments may set other specific fee schedules for copying and/or the sale of recorded information as permitted by legislation and/or as approved by Regional Council. b) Where such an approved fee schedule exists, it takes precedence over this general policy. 2 3. Chargeable Products and Services a) Fees may be charged for the following: i photocopies and computer printouts; ii blank computer disks; iii staff search time to locate relevant records; iv staff research time to locate and organize relevant information; v document preparation time (eg, severing material); vi computer programming time to generate relevant records; vii computer and other costs incurred in locating, retrieving, processing and copying records; viii postage or shipping costs; or ix any other costs incurred in responding to a request. b) The specific amounts to ba chargad for the items listod in 3a above are tc be in accordance with those prescribed in the most current regulations passed under MFIPPA. 4. Fee Estimates. Deposits and Payments a) Where the total fee is anticipated to exceed $25, an estimate must be provided to the requester before staff begin to process a request. b) If possible, the estimate should be provided when the request is received. If this is not practical, the estimate must be prepared and communicated to the requester as soon as possible thereafter. c) The requester must agree to pay the estimated cost before staff continue to process the request. d) The payment of a deposit equal to 50% of the estimated cost may be required before proceeding. If the actual fee is less than the deposit, the balance must be refunded. e) If, during the subsequent processing of the request, it becomes clear that the actual cost is likely to exceed the original estimate substantially, a revised estimate must be provided. f) The full payment of all fees may be required before providing the requested information. g) The decision to require the payments outlined in 4d and 4e above rests with the department or program responsible for the records. §. Fee Waivers a) Some or all fees may be waived in the following circumstances: i the total fee is less than $5; ii it is in the general public interest to provide the information; 3 iii it is in the Region's interest to provide the information; iv a waiver is requested because payment would result in a demonstrable financial hardship; or v the actual cost to respond to the request is dramatically higher than what was reasonably anticipated by all parties when the request was submitted. b) The decision to waive some or all fees rests with the department or program responsible for the records. 6. Accounting a) Fees should normally be paid directly to the department or program responsible for the records. However, separate invoices will be issued by Finance as required. b) Receipts will be provided upon request only. Unless an invoice is issued by Finance, program staff are responsible for issuing a standard receipt. c) Once fees have been collected, all accounting details (ie, revenue account and cost centre) are to be recorded on the appropriate form and sent, along with a copy of any receipt issued, to Finance (accounts receivable) . d) All fees collected under this policy will be credited to the appropriate revenue account of the program area(s) responding to the request and providing the information. APPENDIX LIST OP CURRENT PEE AMOUNTS BASED ON REGULATION 823 (effective February 1996) Fees for General Information Requests Search Time: $7. 50 for each 15 minutes Research Time: $7. 50 for each 15 minutes Record Preparation: $7. 50 for each 15 minutes Photocopies/printouts: $0. 20 per page Computer Programming: $15 for each 15 minutes Floppy Disks: $10 each Other Costs: Amount specified in an invoice Fees for Personal Information Requests (Own Information) Photocopies/printouts: $0.20 per page Computer Programming: $15 for each 15 minutes Floppy Disks: $10 each Other Costs: Amount specified in an invoice Information Request Form ;''"•- Personal information contained on this Orrn is mtladed pursuant to the Municipal Ad and will be used for the purpose 4 responding to • your request.Questions about this m➢afion should be directed to the Cornmisionn 4 the Department to which the request is made. • Part 1: Requester Information Last Name First Name Middle Initial 0 Mr. 0 Mrs. 0 Ms. 0 Miss Address City or Town Postal Code Daytime Telephone Number Preferred method of access Signature Date 0 Examine Originals 0 Receive Copies Part 2: Information Requested Please provide a detailed description of the records or information that you are seeking,as well as any details on where you believe it may be located Part 3: Department Use Department Program Date Received Received by File/Request Number Comments: Part 4: Fee and Estimate Calculation Deposit and Fee Information Estimated and Actual Fee Date Amount$ Activity Estimated Fee Actual Fee Notified of estimate Search/Research Deposit requested Reproduction Estimate acceptance/ Preparation deposit received Fee waived In whole Shipping In part Computer Programming Refund Other. Fee requested Total Fee I Fee received Less deposit received Signature for Fee Acceptance:Weibuh written confirmation) Less amount waived Balance refunded or owing >P. f Part 5: Account Distribution Description Account Number Amount Original:Department Photocopy 1:Finance Photocopy 2: Requester CRA 019(96/02) The Corporation of tke Village of Port Burwell PO Box 10 21 Pitt Street Port Burwell ON NOJ 1T0 By-Law 96-12 ( D bS c) Being a by-law to amend by-law 95-06, a by-law to formally establish a Petty Cash Fund. WHEREAS the MUNICIPAL ACT, R.S.O. 1990, Chap. M.45 s.79 directs the Treasurer to receive and take care of and disburse money; NOW THEREFORE the Council of the Corporation of the Village of Port Burwell amends by-law 95-06 to add section 5: 5. Additional petty cash funds may be established by council resolution for other departments of the Village of Port Burwell as required. The petty cash fund is not to exceed the amount determined by council and stipulated in the resolution and is to be replenished as required per the terms of this by-law. Read a second t' a thisA�• h .y of March, 1996 ne‘")// /Pt eve 44, Adm'•istrator/Clerk-Treasurer R4ci 4 <• final t' this • •ay of March, 1996 • e • A•s r fir/ ,," P �" - '• .- • iato'i''Clerk-Treasurer 1 The Corporation of The Village of Port Burwell PO Box 10 21 Pitt Street Port Burwell, Ontario BY-LAW 96-13 i O 0„ 3 I) Being a by-law to set water and sewer user rates in the Village of Port Burwell. WHEREAS by Section 218 of the Municipal Act R.S.O. 1990, M.45 as amended provides that the Council of a local Municipality may by by-law provide for imposing upon owners or occupants of land who use sewage works a sewage service rate, and; WHEREAS by Section 218 of the Municipal Act R.S.O. 1990, M.45 as amended provides for imposing rates, regulating, metering, measuring and collection frequencies and methods for water and sewer rates. THEREFORE the Corporation of the Village of Port Burwell hereby enacts: 1.0 ADMINISTRATION OF BY-LAW 1.1 This bylaw shall be interpreted and administered by the Administrator/Clerk- Treasurer only until such time as changes to the bylaw are 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. An appeal will only be considered if it is in writing and provides the details of the issues concerned 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 DEFINITIONS 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. I 2.03 "Supplier" means a municipal or other corporation supplying a public utility. 2.04 "Apartment" or a "subsidiary residential premise", including a premise 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 owner's family or to an employee of the owner. 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" means a commercial establishment renting areas daily for 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 per sons, but does not include a travel trailer or tent trailer or trailer otherwise designed; 2.08 "Single Family Residence" means a dwelling unit or a structure or part of a structure, that is designed for occupation as the residence of one or more persons, 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 designate 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 • • 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 by the 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 All users of Port Burwell Municipal Water System will have their water supply metered unless exempting provisions are dictated within this bylaw. 3.12 The water meter, remote readout and meter connections are owned by the Corporation of the 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 directed or 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 readout's location in order to ensure safety of employees, convenience and access for reading. 3.15 The utility user or occupant may, with written consent of the Village 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 he altered, defaced, or changed in any manner. 3.17 The water meter is to he 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 3.19 Any and all dwelling units, apartments, businesses establishments, campgrounds, and mobile home parks will receive one or more water consumption bills in accordance with Section 4.0 and Schedule "A" of this bylaw. 3.20 Sewers Connections 3.21 No residences or businesses shall connect eavestroughs, sump pumps or divert rain water into the sanitary sewer system. All property owners will be responsible to remove any storm water connection from the sanitary sewer system at their own cost. 3.22 Any existing connection which is not domestic sanitary sewage discharge will be required to be disconnected at the expense of the property owner. 3.23 Any and all dwelling units, apartments, businesses establishments, campgrounds, and mobile home parks will receive a sewer bill at the rate per dwelling unit as described within Schedule "A" of this by-law. 3.24 Utility connections to the municipal sewer and water system shall comply with the Ontario Provincial Standard Specifications (OPSS's) and Ontario Provincial Standard Drawings (OPSD's). Other standards will be implemented as the Village deems necessary. 3.25 The Village in accordance with its policies and practices shall have the right to determine the location and configuration of the water meter and water meter readout in accordance to policies and practices. 4.0 RATE S 4.01 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 he due upon rendering of account. This charge is to be lien on the property and is to be collected as an addition to the water/sewer hill. 4.02 Any and all users who are outside the Village Boundaries shall pay a rate of 1.5 times the in-Village user rate in accordance to Schedule A and all other terms and Schedules, as they may apply, as described within this bylaw. 4.03 New connections to the Port Burwell water system shall pay the direct costs including installation and inspections on the municipal roads allowance for the connection plus a$200.00 administration fee. • 4 • 4.04 New connections to the Port Burwell sewer system shall pay the direct costs including installation and inspections on the municipal roads allowance for the connection plus a $200.00 administration fee. 4.05 Any person who contravenes this by-law is subject to a fine of up to$5,000.00 upon summary conviction under the Provincial Offenses Act. 4.10 Water Rates 4.11 All metered users shall pay a rate as described in Schedule "A" for the first ten cubic meters of water metered each month, and an additional rate per cubic meter used in excess of the first 10 cubic meters metered per month. 4.12 Metered water users shall receive a minimum bill as described in Schedule "A" for cubic meters per month regardless of quantity used. 4.13 Single family residences and/or businesses shall pay a minimum water rate equivalent to 55 cubic meters for each unit per month if metered readings are unavailable or tampered. 4.14 A charged of$50.00 shall be charged in case of water turn off for non payment of account. 4.15 No person may use water from a fire hydrant, with the exception of the fire department. 4.16 An application fee of$25.00 will be levied for registering new water service with the municipality. 4.17 It shall be an offence for anyone to alter or tamper with any part of the water system belonging to the Village, including all valves, hydrants, or other appurtenances of the Village's water system. The Village will prosecute anyone who commits an offense as set out above. 4.18 Other charges may be assessed considering water losses with regard water line breaks inside the residence or business. 4.19 Other charges may be assessed considering the relocation of services on private property causing direct cost to the municipality. 5 4.20 Sewer Rates 4.21 All water users shall pay a sewage rate which is based on the cubic meters of water used. That rate shall he calculated as set our in Schedule A attached hereto. 4.22 Water users who are metered and those who are not metered shall pay a minimum sewage rate as set out in Schedule "A". 5.0 SECURITY DEPOSITS Security deposits shall be in accordance to the policies of the Council of the Village of Port Burwell. 6.0 BILLING & PAYMENTS 6.1 Water meters shall he read on or about the dates as follows; February 28 April 30 June 29 August 30 October 31 December 30 6.2 Billings shall be rendered every two months of the calendar year in accordance policies and procedures to the terms and rates within this bylaw and payments for water and sewer services shall be due on each and every date as follows; 1st Instalment March 29 2nd Instalment May 31 3rd Instalment July 31 4th Instalment September 30 5th Instalment November 29 6th Instalment January 31 of the following year 6.3 All users who terminate service before the dates when all meters affected by this bylaw are to be read will be charged on a prorated basis considering their daily consumption pattern from the prior period billing to the date of the termination of the service. • 6 7.0 COLLECTION PROCEDURES 7.01 Collection procedures shall be in accordance with by-law 96-10. THIS by-law to come into effect upon its passing. THIS by-law does not replace the Public Utilities Act R.S.O. 1990 P.52 Read a first and second time this 17th day of May, 1996. :/ , ilii. To Nes.itt R. 141111111 Davi. . Free Ad rator/Clerk-Treasurer Read a third time . • • finally !assed this 17th day of May, 1996. ws' 4L om Nes•itt Reeve • D. Free ; •••.- rator/Clerk-Treasurer 7 Village of Port Burwell Water Sewer Rates Calculations Schedule A, By-Law 96-13 SEWAGE TREATMENT Project Village Treatment (cm) Customers Rate Flat Fee Consumption Total S/cm Revenue Revenue Seasonal 185 $23.00 $51,060.00 $0.00 $51,060.00 Full Time Residential 200 $23.00 $55,200.00 $16,000.00 $71,200.00 Apartments 50 $23.00 $13,800.00 $2,000.00 $15,800.00 Commercial/Institutional 10 $23.00 $0.00 $5,500.00 $5,500.00 Camp Sites 232 $0.00 $0.00 $0.00 $0.00 Trailer Sites 45 $11.50 $6,210.00 $3,000.00 $9,210.00 Total 722 $126,270.00 $26,500.00 $152,770.00 1995 Monthly Sewage Rates $21.00 Sewage Costs 1996 $152,185.00 Minimum 1996 Monthly Chrg $21.00 Levied Rate $21.00 Surplus/Deficit $585.00 WATER SUPPLY Projected Village Usage (cm) 91,400 Rate Flat Fee Consumption Total S/cm Revenue Revenue Seasonal 192 $10.00 $23,040.00 $0.00 $23,040.00 Residential 200 $10.00 $24,000.00 $16,000.00 $40,000.00 Apartments 80 $10.00 $9,600.00 $9,000.00 $18,600.00 Commercial/Institutional 10 $10.00 $0.00 $5,500.00 $5,500.00 Camp Sites 232 $2.50 $6,960.00 $3,500.00 $10,460,00 Trailer Parks 95 $5.00 $5,700.00 $6,000.00 $11,700.00 Total 809 $69,300.00 $40,000.00 $109,300.00 Water System Cost 1996 $110,468.00 Less: Local Improvement Levy Other Revenue Levied Rate $1.00 Minimum Charge per month $10.00 Projected Revenue $109,300.00 Surplus/Deficit 1$1,168.00) Arulys.Renew by D R Free Adm wrtrala/Clerk-Truer 5;1&96 3 28 PM WATSEW96 XLS Schedule "A" Bylaw 96-13 Village of Port Burwell Summary of User Charges Water and Sewer System Water Charges Water Charges Sewage Charges Sewage Charges per per per per Dwelling Unit Dwelling Unit Dwelling Unit Dwelling Unit $/cubic Meter Minimum Mthly Charge $/cubic Meter flat rate Single Family Dwelling Units $1.00 $10.00 $1.50 $23.00 Apartments $1.00 $10.00 $1.50 $23.00 Mobile Home Parks $1.00 $10.00 $1.50 $23.00 Trailer Parks $1.00 $5.00 $1.50 $11.50 Commericial Establishments $1.00 $10.00 $1.50 $23.00 Campgrounds $1.00 $2.50 $1.50 $5.75 Prepared by:C Free 6/24/96 WATER96$.XLS THE ONTARIO CITATOR SERVICE — UPDATED TO FEBRUARY 2, 1996 \ Statute Volumes P - R\ PUBLIC UTILITIES ACT\ R.S.O. 1990, Chap. P.52 1 PART IV ALL MUNICIPAL AND COMPANY PUBLIC UTILITIES -- ss. 49 to 56 \ Penalty for wilful damggg—s. 53 53. Every person who wilfully or maliciously damages or causes or knowingly suffers to be damaged any meter, lamp, lustre, service pipe, conduit, wire, rod or fitting belonging to the corporation, or wilfully impairs or knowingly suffers the same to be altered or impaired, so that the meter indicates less than the actual amount of the public utility that passes through it, is guilty of an offence and on conviction is liable to a fine, to the use of the corporation, and for the expenses of repairing or replacing the meter, lamp, lustre, service pipe, conduit, wire, rod or fitting and double the value of the surplus public utility so consumed, all of which is recoverable under the Provincial Offences Act. R.S.O. 1980, c. 423, s. 52; 1989, c. 72, s. 58(3). THE ONTARIO CITATOR SERVICE — UPDATED TO FEBRUARY 2, 1996\ Statute Volumes P - R\ PUBLIC UTILITIES ACT\ R.S.O. 1990, Chap. P.52 \ PART IV ALL MUNICIPAL AND COMPANY PUBLIC UTILITIES — ss. 49 to 56 Penalty for injuring public utility works — s. 54 THE ONTARIO CITATOR SERVICE — UPDATED TO FEBRUARY 2, 1996\'Statute Volumes P - R 1 PUBLIC UTILITIES ACT\ R.S.O. 1990, Chap. P.52 \ PART IV ALL MUNICIPAL AND COMPANY PUBLIC UTILITIES — ss. 49 to 56 \ Penalty for injuring public utility works —s. 54 54. Every person who wilfully extinguishes any public lamp or light, or wilfully removes, destroys, damages, fraudulently alters or in any way injures any pipe, conduit, wire, rod, pedestal, post, plug, lamp or other apparatus or thing belonging to the corporation is guilty of an offence and on conviction is liable to a fine, to the use of the corporation, and is also liable for all damages occasioned thereby, which are recoverable under the Provincial Offences Act. R.S.O. 1980, c. 423, s. 53; 1989, c. 72, s. 58(4). David Free Village of Port Burwell From: Michael F. Peterson 433-8635 5110196 9:22:02 Page 1 of 4 MICHAEL F. PETERSON Phone: (519) 433-8635 Barrister& Solicitor Fax: (519) 433-0170 68 Bruce Street London, Ontario N6C 1G6 My File No.96101 FACSIMILE MESSAGE TO: Village of Port Burwell FAX NO.: (519) 874-4948 ATTENTION: David Free RE: Sewer and Water By-Law DATE: May 9, 1996 MESSAGE: I have taken a quick look at the proposed by-law. It is badly flawed. Suzanna advised me that you want to pass this by-law asap. I am providing you with my initial comments after quickly reviewing the document. I am also advised that the bills sent out this month are based on the rates in this by-law. The by- law has not even been passed. You know you can not do that. This is not even a case of retroactivity; I take it you are counting on no one objecting to paying the new rates, which I imagine are larger than last year's rates. I do not have schedule A. The situations we previously encountered with the old by-law have not been addressed. How would this by-law catch unmetered water users? I also need to see how Schedule A is drafted to see how it applies. There are several things we were concerned with previously: - unmetered users -metered users on private septic systems - unmetered users on private septic systems - minimum rates for water and sewer, whether used or not - billing individual users in duplexes etc. (this is where the assessment roll could be used) - billing individual mobile homes or trailers for sewer rates though they are hooked up to one municipal water connection. I had at one time suggested that you might want to incorporate the assessment roll to identify who has to pay these rates. Has that been considered and rejected? I have not gone back through all of my correspondence relating to 21 Brock St., the Barbers, and other correspondence to you with respect to this matter. I would ask that you do so in order to identify some of the problems and possible solutions. Did you utilize another municipalities by-law to come up with this draft? I still believe you should do so as it will save time and effort for both of us. To: David Free Village of Port Burwell From: Michael F. Peterson 433-8635 5/10/96 9:22:56 Page 2 of 4 2 INITIAL OBSERVATIONS second para: "AND WHEREAS...."does not make sense. Please review the Municipal Act provision and re-draft this. There are also words missing at"and methods ( ) for water and sewer rates. 1.3 "Customers have the right... ." An appeal will only be considered if it is in writing and provides details of the issues of concern... • 2.0 There are no definitions for residence, business, business establishment, dwelling unit. Later on in section 3.20 those terms are used. First lets decide what terms you want to use and then define them and then stick with them so there is no ambiguity. 2.04 "Apartment" .... includes premises as described ... Why is the term `mortgagor' used? Do you mean owner? If so, say so; there may not be a mortgagor. 2.06 Insert the word "for" in front of`extended'. Are campgrounds just for trailers? What about tents? 2.07 The definition describes Mobile Home, not Mobile Home Park. Both should be defined if needed for the purposes of billing. 2.08 "single family residence" means a dwelling unit.... Why is there reference to the Condo Act? Do not use the term "family", as it is not defined and you also want to catch single occupants and `others' who are not a "family". I would use the phrase 'one or more persons'. 2.12 consumed by the users... Eliminate the word "of' appearing after "by the". 3.14 ...as directed by the Village..., rather than, as prescribed by the municipality. "Prescribed" implies that it is written down somewhere. 3.15 Whose consent is needed? "...may, only with the written consent of the Village..." 3.21; 3.22; 3.23 This is where the by-law falls apart. The terms are not defined. Instead of "to remove" in 3.21, use "for the removal of'. 3.22 The existing connections are not"carrying"domestic sanitary sewage. 3.23 Huh? Is a mobile home a dwelling unit? Is a business establishment a dwelling unit? Is a campground a dwelling unit? 3.25 Reference should be to the Village, not the Municipality, and "in accordance with the Village's policies and practices." Are there any written policies? To: David Free Village of Port Burwell From: Michael F. Peterson 433-8635 5/10/96 9 23 46 Page 3 of 4 3 4.0 All of this section needs to be re-worked. 4.01 What if several people are benefited? 4.02 This is not English. 4.03 Is the same as 4.04. 'New connections" do not pay; owners of land getting new connections do pay. 4.05 Eliminate the word "or" after"conviction". 4.12 If there is to be a minimum charge regardless of usage, then just say so. This section is confusing. 4.13 There is no need to now refer to "Customers", where that phrase has never been used before. If this is the minimum rate section, it should be re-worded to simply say "there shall be a minimum charge of x". 4.14 Remove the reference to "customers", or define that term and use it throughout. 4.15 Can someone not get a permit to use a hydrant for a special purpose? 4.16 "fee of$25.00 shall be charged for..." 4.17 Pluralize "corporations". Add "with"after"tamper". Or you could rephrase it to say "No one other than ...". The second sentence must be changed. Remove all reference to "found to be guilty" and simply say"It shall be an offence for anyone to alter or tamper with any part of the water system belonging to the Village, including all valves, hydrants or other appurtenances of the Village's water system. The Village will prosecute anyone who commits an offence as set out above." Reference is made to section 4.04, but that section has nothing to do with penalties. This must be re-worked to provide for a penalty upon summary conviction. 4.18 This is not English and I do not understand the purpose of the section. If there is a water line break, the owner will be paying for the water lost, unless he is not metered. What is the objective here? 4.21 "All water users shall pay a sewage rate which is based on the cubic meters of water used. That sewage rate shall be calculated as set out in Schedule A attached hereto." 4.22 "Water users who are not metered and those water users who are charged the minimum water rate in any billing period, shall pay a minimum sewage rate as set out in Schedule "A". As I understand it(without seeing Schedule A), you want to charge a minimum rate and then charge additional amounts based on water usage in excess of 10 cubic meters. Does Schedule A set this out? To' David Free Village of Port Burwell From: Michael F Peterson 433-8635 5/10/96 9:2440 Page-4 of 4 4 5.0 What policies? Can I read them? Do they exist? If not, then make a policy and put in the by-law what the security deposit shall be; that it is collectible in the discretion of the Clerk; that refunds will only be made for people who leave, after the last bill is paid out of those monies; that the money will be held in a special account, that the deposit may be returned after one year or six months, upon the person having a satisfactory payment record and upon applying to the Council. 6.2 I don't understand a reference toj"every two months ". What fiscal year? Do you me calendar year?" Commencing when? Just simplify the thing to say you will bill every two month . Eliminate the reference to "on or about" the dates set out. Do the bills not set out a due date? Can't bills be rendered so that people always have at least thirty days or sixty days to pay? How much time to pay do you give? Is there a late charge? There is reference to policies and procedures. Where are these found? Also the payments are not"instalments". Each payment is discrete. Just call them payment due dates or something like that. 6.4 "All water users who give written notice of their intention to terminate an existing connection with the Village's water system, and where a water reading is not available as of the date of the termination of that service, such users shall be billed in accordance with an estimated bill of water use which shall be based on the water used during the preceding two month billing period for which there are records." 7.0 What is by-law 96-10? THIS MESSAGE IS INTENDED FOR THE USE OF THE INDIVIDUAL TO WHOM IT IS ADDRESSED AND MAY CONTAIN INFORMATION THAT IS CONFIDENTIAL IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR,PLEASE DESTROY AND NOTIFY ME IMMEDIATELY BY TELEPHONE. The Corporation of the Village of Port Burwell PO Box 10 21 Pitt Street Port Burwell ON NOJ 1TO By-Law 96-14 t 00o�� B {�� Being a by-law to establish the manner in which the Municipal Auditors are to be appointed and to provide for financial reporting policies and procedures. WHEREAS the MUNICIPAL ACT, R.S.O. 1990, Chap. M.45 s.79 directs the Treasurer to receive and take care of and disburse money; AND WHEREAS the MUNICIPAL ACT, R.S.O. 1990, Chap. M.45, s. 86 provides that; 7lie council of every municipality shall by by-law appoint for a term of five years or less one or more auditors who are Lensed under the Public Accountancy Act, and every person so appointed shall in addition to his or her duties in respect of the corporations, audit the accounts and transactions of every local board as defined in the Municipal Affairs Act, except school boards established under Part III or Part IV of the Education Act, or under Part VI of the Regional Municipality of Ottawa-Carleton Act, or under Part VIII of the Municipality of Metropolitan Toronto Act. AND WHEREAS the MUNICIPAL ACT, R.S.O. 1990, Chap. M.45, s. 87 provides that; An auditor shall perform such duties as are prescribed by the Ministry and also such duties as may be required by the council or any local board that do not conflict with the duties prescribed by the Ministry and shall prepare the material to be published by the treasurer under section 83. R.S.O. 1980, c. 302, s. 89. AND WHEREAS the Council of the Village of Port Burwell deems it necessary to establish policies with regard to the financial audits and the "In Year Financial Reporting"; NOW THEREFORE the Council of the Corporation of the Village of Port Burwell establishes the financial reporting policies and procedures as set out in Schedule "A" of this by-law. 1 4 Read a firstd seco time this 26th clay of March, 1996 • Reeve Adm. istrator/Clerk-Treasurer -' Read'A fhftd�and fu• time this 'th day of April, 1996 4 40 j , fr./ 4._ . -, ., ...&., _ _ _ , R'av' a i e rAdmstrator/Clerk-Treasurer 2 ' Schedule "A" Bylaw 96-14 Village of Port Burwell 1.0 Internal Financial Reporting The Chief Administrative Officer will appraise on a continual basis (monthly), as may be practical, the financial status of the municipality. The financial statements will be neat and concise, reporting accurately on the period's expenditures and revenues in comparison with the Annual Budget if available or the prior year's annual budget and actual expenditures. 1.1 Treasurer 1.1.1 Statement of Money The Treasurer shall prepare and submit to the council, half-yearly, a statement of the money at the credit of the corporation in accordance to the Municipal Act s. 81. 1.1.2 Return of Information The Treasurer shall in each year make a return of such information and statistics with respect to the financial affairs, accounts and transactions of the municipality as the Ministry of Municipal Affairs may prescribe in accordance to the Municipal Act s. 82(1). 1.1.3 Council Remuneration The Treasurer shall, on or before the 28th day of February of each year, submit to the council of the municipality an itemized statement of the remuneration and expenses paid to each member of council in respect of services as a member of council or as an officer of the municipal corporation in the preceding year and to each member of council or other person who has been appointed by the council to serve as a member of a local board or other body in accordance to the Municipal Act s. 247(1). 3 • 1.1.4 Review Financial matters that will be reviewed regularly include: i. Statement of Revenues and Expenditures ii. Outstanding taxes and utility accounts iii. Statement of Long Term Debt iv. Capital Projects Status Report 1.1.5 Records Management and Retention All financial records shall be maintained and archived in accordance with the recorder management by-law. 1.2 Council 1.2.1 Frequency of Report Council may direct that a monthly or bi-weekly statement of current revenue and expenses be submitted to council for information and/or to be formally received by the council. 1.2.2 Format of Report The Treasurer's review of all financial matters related to the municipality for reporting purposes, other than that required by the municipal act, shall be reviewed by council collectively on a monthly basis in a prescribed and acceptable format as determined by council and the Treasurer. 1.2.3 Additional Reporting Additional reporting that will facilitate decision making shall be at the call of the council and/or on the advice of the Chief Administrative Officer. 4 Village of Port Burwell Bylaw 96-14 2.0 Year End Financial Reporting 2.1 Municipal Auditor The appointment of the Municipal Auditor is required in accordance to the Municipal Act s.86(1) for a term of five years or less. The municipality shall from time to time tender for audit services in accordance to the tender format in Appendix B of this bylaw. The contract which will be entered into shall be per Appendix C of this bylaw prescribing a fixed fee. In all matters, staff will provide the utmost cooperation in order to have the audit completed expeditiously. The duties of the Municipal auditor are described in the Municipal Act s. 87 and shall have the right of access to all records in accordance to the Municipal Act s. 88(1). 2.1.1 Term of Office The appointment of the auditor shall not be greater than three years at which time tenders for services will be solicited by invitation from qualified firms. The tender will be in accordance to details listed in Appendix B of this bylaw. Council has the right to reappoint the current auditor without tendering if services have been acceptable and fee quotations provided by the current auditor meet council's satisfaction. 2.1.2 Fees and Additional Services The audit and accounting fee shall be fixed by contract for each and every year and shall not vary from the tender/contract without prior written notice inclusive of details for request for additional fees. No audit fees shall be honoured without prior approval by council by resolution or an amending bylaw to the contract. 2.1.3 Interim Audit An interim audit will be conducted in November of each year for a fixed fee prescribed by the auditor. The interim audit will review financial reporting and records to date, providing formally in a brief to the Chief Administrative Officer/Treasurer and council on the findings no later than two months after the interim audit is completed. In all matters staff will provide the utmost cooperation in order to have the interim audit completed expeditiously. 2.1.4 Completion Dates of Audit 5 Village of Port Burwell Bylaw 96-14 The Municipal Audit shall be completed with draft financial statements provided to the ChiefAdministrative Officer/Treasurer and council no later than March 31 of each year. The audit completion shall include all final year end adjustments inclusive of Management Letter per Section 2.1.5 of this bylaw. The final financial statements and the Financial Information Return (FIR) shall be completed by the auditor no later than April 30 of each year. Delays which affect the performance of the audit shall be formally reported to the Treasurer and Council providing details causing the delays. The Administrator/Clerk-Treasurer and/or Council shall make every attempt to resolve problems in order expedite the process. The auditor shall be entitled to additional fees for work in excess of the contract amount only upon the formal approval of Council upon receipt of a fixed fee. 2.1.5 Management Letter&Treasurer's Response A management letter shall be provided to council at the end of each audit year in accordance with the requirements of the tender addressing matters of; i. Internal Control &Weakness ii. Efficiency of Systems & Personnel iii. Improvements to Financial Operations iv. Any other matters deemed necessary In every instance, the auditor shall discuss the management letter with the Treasurer prior to submission to council and providing a copy of the finalized letter prior to release. The Treasurer's Response shall be incorporated into the final document which will be given to council. The management letter is not a public document and shall be released to the public at the discretion of council only. The letter shall be retained in the Year End Reporting file (F10 19XX) for future reference. 2.2 Publication of Financial Statements The Treasurer shall cause to be published in a newspaper having general circulation within the municipality or shall mail or deliver to each ratepayer a summary of the audited statement of revenue and expenditure, statement of capital operations, balance sheet, notes to the financial statements, auditor's report and mill rate information in accordance to Municipal Act s. 83(1),(3). • 6 Village of Port Burwell Bylaw 96-14 Appendix "B" Bylaw 96-14 Village of Port Burwell THE CORPORATION OF THE VILLAGE OF PORT BURWELL REQUEST FOR PROPOSAL FOR AUDITORS 1. PROCESS Closing Time and Date Proposals shall be submitted to the Administrator/Clerk-Treasurer, Village of Port Burwell, PO Box 10, 21 Pitt Street, Port Burwell, Ontario NOJ 1TO, prior to 2:00 p.m., SET DATE. Seven copies of the proposal are required. The envelope should be sealed and clearly marked "Proposal for External Audit." The Council of the Village of Port Burwell will review the proposals contacting each firm with regards to future interviews in these matters. Briefing Session A Briefing session will not be held. Additional information can be provided, if necessary, by telephone or in interviews by appointment. Should you require clarification on any item in this proposal call, please call David Free, Administrator/Clerk-Treasurer at (519) 874-4343. Acceptance and Award It is expected that approval from Council will occur no later than MONTH and that the appointment will be made by the end of the month. 2. ELIGIBILITY Before preparing a proposal of audit services to the Village of Port Burwell, candidates are advised to ensure that their firm can meet the following criteria. The firm must: a) have recent municipal audit experience with comparable municipalities in Ontario and demonstrate comprehensive knowledge of provincial and municipal financial reporting and legislation governing municipal operations; M • • Villa'?of Port Burwell Bylaw 96-14 b) have well developed professional auditing techniques and a sound system of control and review of audit work performed and have knowledge or direct access to staff with knowledge of the computer accounting program Newviews (Version 1.41b); c) demonstrate a commitment to providing reasonable annual continuity of experienced and qualified personnel; d) demonstrate a commitment to meeting all reporting deadlines; e) have substantial resource/support services available to address the scope of audit services required. Firms which cannot meet these minimum requirements should not submit a proposal for the village of Port Burwell. 3. PROPOSAL CONTENT The proposal should, as a minimum, cover the following items: a) Experience in municipal auditing. b) Profile of the firm, including breadth of other audit assignments and clients; resource and support services available; particular strengths relevant to this audit. c) . Information as to the location of the office which would be responsible for the audit, the names and resumes of the partner, manager and senior staff who will be assigned to the audit if the firm is selected. Continuity of staff will be given a high priority and this must be so indicated. Freedom of Information The personal information in this document is collected under the authority of The Municipal Freedom of Information and Protection of Privacy Act, and will be used for the purposes of awarding the contract for audit services. Any questions about the collection of this information may be addressed to the Administrator/Clerk-Treasurer, Village of Port Burwell, PO Box 10, 21 Pitt Street, Port Burwell, Ontario NOJ 1TO, (519) 874-4343. d) A confidential schedule of YEAR hourly rates for the various levels of staff likely to be assigned to the audit. Indicate the professional status of the staff ie) student, senior student, qualified professional. ii Village of Port Burwell Bylaw 96-14 e) The names of client officials for three of the firm's present audits who would act as contact for references, at least one of which must be a municipal official. f) A preliminary assessment to include: i) the firm's understanding of the work to be done for the proposal call, having regard for the responsibilities set out in the proposal documents; ii) an estimate of the hours that are anticipated to be required for the annual audit, broken down between the various responsibilities which are perceived to be required and showing the category of staff assigned to each of the responsibilities and an estimate of the expected annual fee; iii) any questions, clarifications or concerns which the firm may have regarding the proposal call and the firm's perception of the assignment; iv) an outline of the basis of the firm's assessment of the proposal. g) Describe your approach to the audit. This should include at least the following points: i) type of audit computer program used (tailor made, municipal standard, commercial standard) and your familiarity with the computer accounting package NewViews; ii) organization of audit team and approximate percentage of time spent on the audit; iii) tentative audit time schedule; iv) management letter (provide a sample letter). h) Describe your firm's quality control program. i) Information regarding any advisory services on routine matters which may be available to the village free of charge, including but not limited to staff assistance and/or publications relating to such matters as GST, pension reform, internal audit, financial systems development and cash management. 4. ORAL PRESENTATION If selected to make an oral presentation to the Audit committee and/or Executive Committee, it is expected that the partner and manager who will be assigned to the audit, would make the iii Village of Port Burwell Bylaw 96-14 presentation on behalf of their firm. 5. SCOPE AND REQUIREMENTS Commencing with the YEAR fiscal year, the audits shall include the examination of the records and financial statements of the County to the degree necessary to express an opinion on the financial statements of the Municipality. Specifically included will also be all related audit and certification work required by various Provincial ministries„ including but not limited to, the Ministries of Municipal Affairs and Housing, Transportation and any other Ministry of the Provincial Government and Department of the Federal Government requiring audit opinions or certificates from the external auditors. The responsibilities of the auditors will generally be limited to the expression of an opinion on the financial statements and discussions with respect to presentation and disclosure. You may also be required to do some accounting work, including the physical and written preparation of financial responsibilities. Should these be required, they shall be discussed separately from the formal audit of the Village's activities and/or the other entities that are part of this proposal. Annual Schedule Before October 31st each year, the Village's auditors shall meet with the appropriate administrative staff members to discuss and agree upon a schedule for the completion of the audit of the financial statements for the current year. Agreement to be reached on: i) a schedule for the completion of the audit of the financial statements of the Village for the current year. The Financial Report and Financial Information Return are to be completed and audited by the end of April of the following year or as required by legislation; ii) a list of the necessary schedules, working papers, analyses and other information to be prepared by Village staff iii) the extent and type of internal audit involvement where applicable; iv) fees and anticipated staff hours required for the current year. The fee estimate should iv Village of Port Burwell Bylaw 96-14 detail the expected audit hours by major audit task, the staff level proposed to work on each task and the hourly rates to be charged. Fees for any anticipated non-audit work should be detailed separately. Qualified Statements The auditor shall, immediately upon discovery of information or conditions which would otherwise lead to the inclusion of a qualified opinion with respect to the financial statements, inform and fully discuss such matters with the appropriate staff. In addition, the auditors shall, as far as possible, allow a reasonable period of time for the Treasurer to make an investigation, analyze, report and take such corrective action as to avoid the inclusion of such qualifications. Meetings and Subsequent Assistance The auditors will attend such meetings as are called to discuss their work and reports and shall provide such information as requested which will enhance the understanding of members of Council/Boards concerning matters pertaining to the annual financial statements. Post Audit Management Letter No later than 30 days following the completion of the annual audit, the auditors shall prepare and deliver to the Treasurer (and Boards, as applicable) letters conveying their concerns relative to the internal accounting, operating controls and/or other matters of material importance with respect to operations, which may have been discovered in the course of the audit. Annual Engagement Letters Adherence to the annual schedule will be an essential feature of satisfactory performance under the audit contract. The agreed year end plan will be incorporated in the annual engagement letter which will be required under the audit contract. Also included in these engagement letters will be the specific responsibilities to be discharged by each of the parties, and a requirement that the Administrator/Clerk-Treasurer he consulted prior to any change in partner, manager or senior staff assigned to the specific audits. It will also be expected that major efforts will be made to avoid significant changes in the staff assigned to the audit from year to year. v S • Village of Port Burwell Bylaw 96-14 Confidentiality The successful auditors shall not at any time before, during or after the completion of the engagement divulge any confidential information communicated to or acquired by the Auditors or disclosed by the Village in the course of carrying out the engagement. No such information shall be used by the Auditors on any other project without prior written approval. Terms of Engagement It is expected that the successful firm will be the auditors for a period of two years. However, the appointment will be on an annual basis for terms of one year and Council reserves the right to not appoint if dissatisfied in any way with performance, the fee charged or any other elements of the service provided. During the term of the engagement, the auditor's performance will be evaluated based on the following criteria: i) Adherence to proposed fees. It is expected that the successful candidates keep to their fees quoted in the initial two years of the engagement. In each year, before any audit work begins, the auditors shall submit to the Administrator/Clerk-Treasurer, a fee estimate detailing the expected audit hours by major audit task, the staff level proposed to work on each task the hourly rates to be charged and the total expected fee. The auditors shall keep account of actual time spent on each task and submit to the Administrator/Clerk-Treasurer upon the completion of the audit, a schedule which compares the actual audit time spent to the audit time budgeted. The cost of this accounting of audit time shall be considered to be included in the fees quoted under this proposal. ii) Persons assigned to the audit. For the initial year of the engagement, the persons assigned to the audit should be those originally proposed. Any subsequent changes to audit personnel must be acceptable to the Administrator/Clerk-Treasurer. vi Village of Port Burwell Bylaw 96-14 iii) On site participation of the audit senior. We would expect that the audit senior will be present throughout most of the audit. iv) Performance in the manner proposed. We expect the audit will be carried out in the manner proposed. Any changes in the audit program shall be discussed with the Administrator/Clerk-Treasurer. v) Audit deadlines. It is expected the audit will be completed within the time frames specified in this proposal call. Fees and Expenses The proposal shall include a firm quotation for the fees to be charged for the 1996 and 1997 audits. The fee estimate shall show the estimate of hours broken down between the various responsibilities which are perceived to be required and showing the category of staff assigned to each of the responsibilities. Note: (i) Out of pocket expenses shall be clearly stated to be either part of the estimated fee or estimated separately. (ii) The fee shall include all auditing assignments. (iii) Applicable taxes shall be included in the prices quoted. (iv) Accounting work shall be priced separately. In the event that less time is required to perform the audit than anticipated, it is expected that a reduction will be given to the entities involved in such reductions. An indication shall be given in the proposal as to how fees for special audit work (if any) would be charged. All fees quoted will be kept confidential until they.are released for purposes of approval by vii • . � � • Village of Port Burwell Bylaw 96-14 Council, just prior to the appointment of the successful audit firm. 6. CONDITIONS The Council of the Village of Port Burwell reserves the right to discuss any and all proposals, to request additional information from proposers and to accept or reject any and all proposals made; die lowest cost proposal will not necessarily be accepted. In the ultimate, an award, if any at all, will be made to the firm which in the opinion of the Village is best qualified. The Village of Port Burwell will not be liable for any costs incurred by the proposers in the preparation of their response to this proposal. It is anticipated that firms responding to this request will contact the Village immediately if information has been omitted from this document that may form an integral part of this request for proposals. • viii Appendix "C" By-Law 96-14 Village of Port Burwell AGREEMENT THIS AGREEMENT made in duplicate this _th day of MONTH 19XX. BETWEEN AUDITORS & COMPANY of in the County of and the 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 WITNES SETH, that the party of the first part, for and in consideration of the payment or payments specified in the Tender for this work, hereby agrees to furnish all necessary equipment, supplies, labour and other means for professional audit services and, to the satisfaction of the Council of the Village of Port Burwell, 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 Request for Proposal Tender therefore, which are identified and acknowledged in the Scope and Requirements and Conditions 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 Audit services for the Municipality of the Village of Port Burwell inclusive of all Boards. IN CONSIDERATION WHEREOF, Said party of the second part agrees to pay the Auditor for professional services rendered for a fixed fee in the amount of$ .00 inclusive of GST for .• 19XX fiscal year end audit with the option to commission the audit services for the 19XX fiscal year end for$ .00 inclusive of GST . This agreement shall ensure to the benefit of and the binding upon the heirs, executors, administrators and assigns of the parties hereto. 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 Partner in Charge Witness & position held • Corporation of the Village of Port Burwell Post Office Box #10, 21 Pitt Street Port Burwell ON NOJ 1 47' / R-: e Seal of the Municipal Corporation Administrator/Clerk-Treasurer The Corporation of the Village of Port Burwell PO Box 10 21 Pitt Street Port Burwell ON NOJ 1T0 BY-LAW 96-15 ( a 0 a? $$) Being a by-law to appoint an Acting Deputy Clerk. WHEREAS the Municipal Act R.S.O. 1990, c. M.45, s. 73, p. 2, as amended provides that; The council may appoint a deputy clerk who shall have all the powers and duties of the clerk under this and every other Act. AND WHEREAS Council deems it expedient to appoint an Acting Deputy Clerk for a period of time as may be required in accordance to the position description attached hereto as Schedule "A", and the-personnel agreement dated April 9, 1996, and; WHEREAS Donna Lamoure has agreed to perform the duties of Acting Deputy Clerk in accordance with provincial regulations, codes and Village By-Laws. THEREFORE Council enacts that Donna Lamoure be appointed as Acting Deputy Clerk reporting to the Administrator/Clerk-Treasurer. THIS by-law comes into effect on April 9, 1996. Read a first an. - cond 'me this • day of April, 1996. ,'4 � ,%p • c . A. i=tra, or/C'ler�t-Treasurer • •• Read a third ` final ti . 9th ay of April, 1996. . PA, Reev Adm' istrator/Clerk-Treasurer • Schedule "A" Bylaw 96-15 VILLAGE OF PORT BURWELL POSITION DESCRIPTION DEPUTY CLERK Reports to: Administrator/Clerk-Treasurer Knowledge: Formal and education training in either of or a combination of business, municipal, public administration from a recognized college or university. Graduation from the AMCT program including Municipal Law coupled with municipal/management experience. Formal training in accounting procedures at the post secondary education level; moderate level computer skills including the use of word processing, data management, and computerized accounting software. Moderate level written and oral communications skills; well developed staff/public relations, communication and negotiating skills. Proven ability to coordinate staff and consultants in daily activities inclusive of special projects. Must be able to delegate responsibility and ensuring accountability. An innovative and decisive leader with high level organization, managerial and analytical skills. Ability to work with tact and discretion in a political environment. Good knowledge of provincial legislation and policies that affect municipal government, and a sound knowledge of contemporary municipal operating systems and procedures. Good knowledge of provincial legislation and policies that affect land use planning and development. • 1 DCLRK.JDS Experience: Minimum of 2 years of senior management experience Previous municipal experience not necessary but an asset Previous Personal Computer experience in accounting, word processing, data base systems Leadership: Supervises and coordinates all staff and department heads in concert with position descriptions keeping employee safety as a fore most concern. Engages and directs consultants and contractors (engineers, planners, lawyers etc.) with regard to specific activities and matters as required for the safe and effective operation of municipal services to the public and in the best interest of the corporation. Provides advise to council on policy and operational matters considering various complexities including legislation, legal obligations, bylaws and a fairness to the ratepayers. Initiative/Creativity: Adheres to Municipal Act, Public Utilities Act, and other legislation, by-laws and Council resolutions under the direction of Administrator/Clerk-Treasurer Exercises initiative and creativity in daily operation of office in order to accommodate requirements of public and various federal, provincial and municipal government agencies under the direction of Administrator/Clerk-Treasurer. Follows generally accepted engineering, planning, management, personnel, policy advisory and accounting principles under the direction of Administrator/Clerk- Treasurer. Develop bylaws and policies in conjunction with the requirements of Municipal Act and council in order to deliver fair and effective service to the public under the direction of Administrator/Clerk-Treasurer Acts as a general resource to public in regard to numerous issues on behalf of the municipality including issues as planning, property, tourism, recreation and culture. Preparation of letters and reports on behalf of council covering several topics including sensitive legal matters; public relations under the direction of Administrator/Clerk-Treasurer • 2 DCLRK.JDS Contact: 1. With Council and Committees discusses plans and policies for the municipality provides information, advice and guidance receives policy direction by by-law or resolution. 2. With Staff Provides administrative and control to ensure that Council and the public are properly served and that Council policy is carried out. 3. With Solicitor, Engineers, Planners, and Other Retained Services Maintains effective liaison and coordination on behalf of the Corporation. 4. With Provincial Ministries and Agencies Performs statutory duties per the various acts. Maintains awareness of legislative, policy and program changes. 5. With Other Municipalities and Associations Exchanges information and keeps informed of changes and trends in municipal government and systems 6. With Contractors and Suppliers Administers contracts under the authority of the financial procedures bylaws and policies under the direction of Administrator/Clerk- Treasurer. 7. With the Public and the Media 3 DCLRK.JDS Daily personal and telephone with public as follows; a. in collections on tax and water/sewer accounts. b. articulating municipal policies and procedures with the public, contractors, provincial and federal government agencies. c. disseminating municipal information (as permitted under the freedom of information legislation) to public and ratepayers. d. must have considerable tact required when dealing with the public. e. able to communicate to staff the requirements of council with respect to bylaws and specific requirements. f. provide clear, concise and non partisan statements to the media (newspaper, television and radio) on various events and issues within the municipality. g. assemble and distribute press releases under the direction of council and/or commensurate with local policies. h. write letters to various provincial, federal, municipal, special interest groups and individuals on behalf of the municipality concerning various topics and situations. Decision Making: Decisions are commensurate with authority as permitted under the Municipal Act, Other Provincial and Federal Legislation, local bylaws, municipal policies and practices under the direction of Administrator/Clerk-Treasurer 4 DCLRK.JDS Working Conditions: Works predominately in an environmentally controlled office at a desk using computers and standard office equipment. Travel to other communities in a personally or municipally owned vehicle to attend meetings and seminars on behalf of municipality. Municipal environment conditions that are subject to a high level of stress, interruptions, peak periods, and tight unyielding deadlines that are set by statute and shifting priorities; must be accessible to Council, other staff, provincial ministries and agencies, and the general public. Work is on an as required, when required basis. Effort: Mental and visual demands associated with office work High level of stress from complex multiple demands, multiple roles, new and unexpected problems and critical time deadlines for work performance Good physical condition to conduct inspections on various municipal systems. Responsibilities: Perform duties as permitted by law and as required commensurate with bylaws, legislation, policies and procedures as approved by council under the direction of Administrator/Clerk-Treasurer including but not limited to as follows; Deputy Clet Performs the statutory and other duties of the Municipal Clerk as are set out in the Municipal Act and other Acts of the Legislature. Reviews all new and amended legislation that may apply to the Corporation, and advises Council of he potential impact of new legislation, regulation, policies and guidelines. Responsible for the preparation of agendas for Council and Committees including the organization of staff reports, draft resolution and by-laws. Responsible for the preparation of reports and minutes, resolutions, by-laws • 5 DCLRK.JDS and correspondence arising from Council and Committee proceedings. Responsible for records management according to the Corporation's records retention/destruction by-law and administrates including the access to all documents in concert with FOI legislations and municipal policies inclusive of corporate files, correspondence, memoranda and reports under the direction of Administrator/Clerk-Treasurer. Responsible for the preparation and distribution of correspondence and reports. Assist with the conduct of municipal elections. • 17,c(I& Date "k0" GO- IC Donna Lamoure Date ,X O Q 9 Davi . Free Ad inistrator/ - k-Tre ..urer —off-� .ice � .� t���L�� Date l� To . esbitt eeve • 6 DCLRK.JDS VILLAGE OF PORT BURWELL POSITION DESCRIPTION ADMINISTRATIVE ASSISTANT Reports to: Administrator/Clerk-Treasurer Knowledge: Knowledge of standard office practices & procedures Operation of a personal computer (associated software ie Lotus 123, Excel, Word Perfect, RMS, Newviews etc), able to maintain records management system, calculator and a vehicle since some travel is required Education: Minimum of Secondary School Education (College/University preferred) General Secretarial education/experience from a recognized program AMCT designation would be an asset however not necessary Experience: Minimum of 2 to 3 years office experience Previous municipal experience not necessary but is an asset Previous personal computer experience in a "Windows" environment required Leadership: None (directs staff through authority of supervisor) Initiative/Creativity: Adheres to Municipal Act and other legislation, by-laws and Council resolutions and direction of Administrative/Clerk-Treasurer and Deputy Treasurer Exercises initiative in daily operation of office Follows generally accepted office operating systems and procedures Monitors and improves efficiency and effectiveness of operating 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 1 ADMIN.JDS permitted under the freedom of information legislation) to public and ratepayers c. provide assistance by directing the calls or taking messages from rate payers, contractors, general public, government municipal staff, Councilors, Board Members, Non Profit Housing Corporation tenants d. must have considerable tact required when dealing with the ratepayers public, contractors, suppliers, Board Members, and the tenants of the Port Burwell Non Profit Housing Corporation. Decision Making: Decisions are required commensurate with authority delegated by the Administrator/Clerk-Treasurer on office systems, policies and procedures by-laws including records management, 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/Clerk- Treasurer. Must be able to attend night meetings as deemed necessary by the Administrator/Clerk-Treasurer. Duties predominately in municipal office however, may require time in other locations and facilities throughout the municipality commensurate with the Administrative Assistant duties as described herein. Availability for overtime as required. • 2 ADMIN.JDS 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 including but not limited to as follows; 1. Provides administrative support to Administrator/Clerk-Treasurer, Councilors and other staff as required by typing all correspondence, dictation, reports, documents, statistical statements and other material. 2. Organizes and maintains Municipal records management system (physical and computer system) in accordance to Procedures Manuals. 3. Assists Administrator/Clerk-Treasurer by preparing and circulating agendas, listing and attaching correspondence and reports and distributing to the members of Council, Boards, Housing Corporation and the media. 4. Assists Administrator/Clerk-Treasurer, Municipal Boards and Port Burwell Non Profit Housing Corporation by preparing bylaws, resolutions, draft minutes and circulation of approved minutes to various sources. 5. Receives calls and visitors for the Administrator/Clerk-Treasurer, providing information, if possible, when Administrator/Clerk-Treasurer is not available. 6. Maintains a calendar of meetings scheduled for the Administrator/Clerk-Treasurer and carrying out any arrangements required. 7. Responsible to provide all services at the customer service desk on a continuing basis including the greeting of visitors, initial responses to inquiries, collection of payments, issuing of permits and licenses where required. 8. Acts as initial contact on the telephone ensuring calls are addressed by taking messages or directing to the appropriate departments and taking appropriate action on own commensurate with knowledge, experience and as previously delegated where required. 9. Types correspondence, reports, documents, statistical statements and other material on personal computer, ensuring accuracy and adherence to prescribed format. 3 ADMIN.JDS 10. Provides clerical accounting assistance to the Secretary-Bookkeeper as required on the accounts payable, accounts receivable and general ledger. Prepares and delivers all daily bank deposits. 11. Provides clerical accounting functions by assisting the Administrator/Clerk-Treasurer and the Secretary-Bookkeeper as required for data entry. 12. Provides clerical accounting assistance to the Secretary-Bookkeeper as required for work reports and payroll. 13. Takes calls and inquiries from tenants and contractors in regard to the Port Burwell Non Profit Housing Corporation responding in accordance to Rules and Regulations and Standard Procedures in the efficient and effective operation of the Housing Project. 14. Reviews daily mail and distributes accordingly to departments/staff/councilors on a need-to-know basis. 15. Reviews daily newspapers for pertinent clippings to maintain up-to-date files and scrapbook. 16. Responsible to provide building opening and/or closing functions depending on work schedule. 17. Performs all other duties as assigned by supervisor. I hereby acknowledge the details of the Position Description for Administrative Assistant employed with the Village of Port Burwell 41C M/dit2 Date QIc (1-/- (0 Donna Lamoure itit41111° Date f '/,f-D Da‘777R. Free • • inistrative/Clerk-Treasurer 4 ADMIN.JDS PORT 80The Village of Port Burwell �t��� PO Box 10 • INW 21 Pitt Street �71Port Burwell ON NO.== J 1T0 ,; far k 519 874 4343 - fax 519 874 4948 PORTUS REFUGWO Deputy Clerk Appointment April 9, 1996 FORM 4 (Section 94(2)) DECLARATION OF APPOINTED OFFICE I,Donna Jean Lamoure do solemnly promise and declare that I will truly, faithfully and impartially, to the best of my knowledge and ability, execute the office of Deputy Clerk, that I will truly, faithfully and impartially, to the best of my knowledge and ability, execute the office 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 clerk. /v9/ - -0/ptivt, onna Jean Lamoure DA • . - C.E.T.. A.M.C.T., a Comm• • , NC., Administrator/ Deputy Clerk Clerk-Treasurer o1 Me Corporation Village of Port Burwell of the Village d Port Sunset Dace / mss/l 1 vE GF PORT BU 19 t �F THE CORPORATION OF THE . � VILLAGE OF PORT BURWELL abilles P.O.Box 10,Port Burwell,Ontario NOJ I TO telephone (519) 874-4343 • fax (519) 874-4948 rille:4150101ftlir POR TUS REFUGIUM April 9, 1996 AL ":::/1 1 it 1 1 AND Ms. Donna Lamoure PRO - 1 1 y' a ,R,S.O. 1990 Post Office Box #29 Port Burwell ON NOJ 1TO Dear Ms. Lamoure This letter is the Corporation of the Village of Port Burwell's formal confirmation of additional responsibilities of Deputy Clerk including Administrative Assistant. The terms of employment are listed as follows: Supervisor David Free Position Description As Attached Start Date April 10, 1996 (Temporary Assignment to June 28, 1996 or as a date to be set by Supervisor) Remuneration Salaried Rate of Remuneration $24,000.00 per annum Probationary Period Not Applicable Payment Weekly Hours of Work Daily 9:00 a.m. to 12:00 p.m. and 1:00 p.m. to 5:00 p.m. Monday through to and including Friday Overtime Council meetings and authorized by supervisor Vacation 2 weeks for the first 2 years of employment and 3 weeks thereafter Benefits The municipality will cover 50% of the cost of the comprehensive benefit package which includes life insurance (2x your annual salary), intermediate dental coverage, long & short term disability and drug coverage. David R.Free,CET,AMCT • Administrator/Clerk-Treasurer Description of Work to be Performed Administrative Assistant - In accordance to Position Description Attached Deputy Clerk - In accordance to Position Description Attached The Corporation of the Village of Port Burwell hereby agrees to the terms and description as described in this letter and consents to the terms by the signature of the Administrator/Clerk- Treasurer as follows: The employer, the Corporation of the Village of Port Burwell dated April 10, 1996 4 AI" David '. Free, CET, AMCT Ad. , .'=trator/Cleriz-Treasurer The employee, Ms. Donna Lamoure dated April 10, 1996 /►4� . IA Ms. Donna Lamoure Witnessed and dated April 10, 1996 )ift,r2AAC ,/(0, _11 Ms. anna Mantel 2 A The Corporation of the Village of Port Burwell PO Box 10 21 Pitt Street Port Burwell ON NOJ 1T0 BY-LAW 96-16 0 0 Being a by-law to regulate Harbours and Wharves and for the collection of reasonable harbour dues within the Corporation of the 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 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 imposing and collecting such reasonable harbour dues thereon as may serve to keep the harbour in good order and to pay a harbour master. 1 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, clock, 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 section 220.1 of the Municipal Act, R.S.O. 1990, c. M. 45 as amended, permits Council to pass by-laws providing for the imposition of fees or charges on any class of persons, as follows: 220.1 (2)(a) for services or activities provided or done by or on behalf of it; (b) for costs payable by it for services or activities provided or done by or on behalf of any other municipality or local board; and (c) for the use of its property including property under its control. AND WHEREAS the municipality maintains the Big Otter Creek Harbour area and expends funds for said maintenance and for dredging of the Harbour channel; AND WHEREAS the Big Otter Creek Harbour is used by recreational boaters, commercial fishermen and commercial charter boat operators; AND WHEREAS the Council of the Corporation of the Village of Port Burwell deems it desirable to maintain and promote the traditional maritime activities within the Big Otter Creek Harbour area; AND WHEREAS the Corporation of the Village of Port Burwell leases federal lands within the Big Otter Creek Harbour basin; NOW THEREFORE, the Council of the Corporation of the Village of Port Burwell enacts as follows; 1. That those persons and businesses who use the Big Otter Creek Harbour area for the docking of their boats and/or the carrying on of commercial enterprises including commercial marinas and commercial fishing operations, shall pay an annual fee as 2 prescribed in 'Schedule "A" - Harbour Dues', forming part of this by-law. 2. Persons and businesses subject to the payment of the annual fee will receive an invoice in or about June of each year. The annual fee shall be payable to. the Corporation of the Village of Port Burwell. 3. The annual fee shall he due and payable within thirty days of the date of the invoice. 4. Annual fees which remain unpaid after thirty days of the date of the invoice shall bear interest at the rate of 10% per annum, which interest charge will commence on the first day following the expiry of the thirty day period. 5. Annual fees and any accumulated interest which remain unpaid after thirty days of the date of the invoice shall constitute a debt of the person or business invoiced, pursuant to section 220.1(10) of the Municipal Act, R.S.O. 1990, c.M.45 as amended. • 6. Annual fees and any accumulated interest which remain unpaid after thirty days of the date of the invoice may be added to the tax roll for any real property in the Village of Port Burwell and collected in like manner as municipal taxes, pursuant to section 220.1 (11) of the Municipal Act, R.S.O. 1990, c.M.45 as amended. 7. Persons and businesses who are unable to pay the annual fee as invoiced, may apply to the Council of the Corporation of the Village of Port Burwell for an exemption, in whole or in part, from the requirement to pay the said fee. Such an application shall be made to the Council in writing, setting out the circumstances justifying the request for exemption, and such application shall be made within the thirty day period following the date of the invoice. 8. The by-law shall come into force and effect May 28, 1996. Read a first and second time this 28th day of May, 1996 /ff/1► _ or- Re,.e Administrator/Clerk-Treasurer . 3 Read a third and final time this 25th day of June, 1996. Reeve Administrator/Clerk-Treasurer 4 The Corporation of the Village of Port Burwell Schedule "A" - Harbour Dues Bylaw 96-16 1. (a) "Commercial Marina" shall mean a person or corporation who carries on the business of renting out dock spaces and/or boats to third parties. (b) "Commercial Fishing Boat" shall mean a boat used primarily of the purpose of the business of catching fish for subsequent sale to third parties. (c) "Private Recreational Boat" shall mean a boat or any type of watercraft used by the owner for recreational activity, but does not include a boat which is for hire or rent. 2. An owner of a Commercial Marina with docking facilities within the municipal boundary or within the boundary of the Federally owned lands which are leased by the Corporation of the Village of Port Burwell, shall pay an annual fee or.Harbour Due of$2,000.00. 3. An owner of a Commercial Fishing Boat which is docked or kept within the municipal boundary or within the boundary of the Federally owned lands which are leased by the Corporation of the Village of Port Burwell, shall pay an annual fee or Harbour Due of $1,500.00. 4. An owner of a Private Recreational Boat which is docked or dept within the municipal boundary or within the boundary of the Federally owned lands which are leased by the Corporation of the Village of Port Burwell, shall pay an annual fee or Harbour Due of $200.00. 5 AGE of PORT B, t THE CORPORATION OF THE -�. VILLAGE OF PORT BURWELL P.O.Box 10,Port Burwell,Ontario NOJ ITO •`=% telephone (519) 874-4343 • fax (519) 874-4948 %1W 4114. eixii.:x PORTUS REFUGIUM June 7, 1996 Mr. Gordon Craig PO Box 112 Port Burwell ON NOJ 1T0 Dear Mr. Craig Re: Proposed By-law 96-16, Being a by-law to regulate Harbours and Wharves and for the collection of reasonable harbour dues within the Corporation of the Village of Port Burwell Enclosed is a copy of the above mentioned by-law. Please note that this by-law has received its first and second readings. Please formally address your concerns with regards to this by-law, in writing to the Municipal Offices to the attention of David Free. Yours truly Donna Lamoure Deputy Clerk David R.Free,CET,AMCT • Administrator/Clerk-Treasurer SGS pF POR t BU9/1' THE CORPORATION OF THE AO. VILLAGE OF PORT BURWELL Asip � i� P.O.Box 10,Port Burwell,Ontario NOJ ITO �� telephone (S 19) 874-4343 • fax (S 19) 874-4948 $4.1:4 PORTUS REFUGIUM June 5, 1996 Bradcranex PO Box 93 Port Burwell ON NOJ 1T0 Dear Mr. Bradfield Re: Proposed By-law 96-16, Being a by-law to regulate Harbours and Wharves and for the collection of reasonable harbour clues within the Corporation of the Village of Port Burwell Enclosed is a copy of the above mentioned by-law. Please note that this by-law has received its first and second readings. Please formally address your concerns with regards to this by-law, in writing to the Municipal Offices to the attention of David Free. Yours truly diazi4-1 Donna Lamoure Deputy Clerk David R.Free,CET,AMCT • Administrator/Clerk-Treasurer ��E of PORT e�9� . N THE CORPORATION OF THE 411110Nlik optesVILLAGE OF PORT BURWELL �T P.O.Box 10,Port Burwell,Ontario NOJ ITO F. �l telephone (519) 874-4343 • fax (519) 874-4948 olgiAPt ek P°RTUS REFUGIUM June 5, 1996 Big Otter Marina &Campground PO Box 129 Port Burwell ON NOJ 1T0 Dear Mr. Garry Re: Proposed By-law 96-16, Being a by-law to regulate Harbours and Wharves and for the collection of reasonable harbour dues within the Corporation of the Village of Port Burwell Enclosed is a copy of the above mentioned by-law. Please note that this by-law has received its first and second readings. Please formally address your concerns with regards to this by-law, in writing in the Municipal Offices to the attention of David Free. Yours truly Donna Lamoure Deputy Clerk David R.Free,CET,AMCT • Administrator/Clerk-Treasurer 111W9ts PORT eTHE CORPORATION OF THE os VILLAGE OF PORT BURWELL ����ES (� P.O.Box 10,Port Burwell,Ontario NOJ I TO ��= bg telephone (519) 874-4343 • fax (519) 874-4948 4 PQRTUS REFUGIUM June 5, 1996 Mr. Larry Martin PO Box 161 Port Burwell ON NOJ 1T0 Dear Mr. Martin Re: Proposed By-law 96-16, Being a by-law to regulate Harbours and Wharves and for the collection of reasonable harbour dues within the Corporation of the Village of Port Burwell Enclosed is a copy of the above mentioned by-law. Please note that this by-law has received its first and second readings. Please formally address your concerns with regards to this by-law, in writing to the Municipal Offices to the attention of David Free. Yours truly ghk-icte4i Donna Lamoure Deputy Clerk • David R.Free,CET,AMCT • Administrator/Clerk-Treasurer GE pF PORI 8 9 •Y t It<A, THE CORPORATION OF THE VILLAGE OF PORT BURWELL P.O.Box 10,Port Burwell.Ontario NOJ I TO O1141z telephone (519) 874-4343 • fax (519) 874-4948 elshi:m4.—• PORTUS REFUGIV June 5, 1996 Mr. John Warren PO Box GD Port,Burwell ON NOJ 1T0 Dear Mr. Warren Re: Proposed By-law 96-16, Being a by-law to regulate Harbours and Wharves and for the collection of reasonable harbour dues within the Corporation of the Village of Port Burwell Enclosed is a copy of the above mentioned by-law. Please note that this by-law has received its first and second readings. Please formally address your concerns with regards to this by-law, in writing to the Municipal Offices to the attention of David Free. Yours truly JVC,Vict.mf Donna Lamoure Deputy Clerk David R.Free,CET,AMCT • Administrator/Clerk-Treasurer The Corporation of the Village of Port Burwell PO Box 10 21 Pitt Street Port Burwell ON NOJ 1T0 BY-LAW 96-16 Being a by-law to regulate Harbours and Wharves and for the collection of reasonable harbour dues within the Corporation of the 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 imposing and collecting such reasonable harbour dues thereon as may serve to keep the harbour in good order and to pay a harbour master. 1 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, shp, 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 section 220.1 of the Municipal Act, R.S.O. 1990, c. M. 45 as amended, permits Council to pass by-laws providing for the imposition of fees or charges on any class of persons, as follows: 220.1 (2)(a) for services or activities provided or done by or on behalf of it; (b) for costs payable by it for services or activities provided or done by or on behalf of any other municipality or local board; and (c) for the use of its property including property under its control. AND WHEREAS the municipality maintains the Big Otter Creek Harbour area and expends funds for said maintenance and for dredging of the Harbour channel; AND WHEREAS the Big Otter Creek Harbour is used by recreational boaters, commercial fishermen and commercial charter boat operators; AND WHEREAS the Council of the Corporation of the Village of Port Burwell deems it desirable to maintain and promote the traditional maritime activities within the Big Otter Creek Harbour area; AND WHEREAS the Corporation of the Village of Port Burwell leases federal lands within the Big Otter Creek Harbour basin; NOW THEREFORE, the Council of the Corporation of the Village of Port Burwell enacts as follows; 1. That those persons and businesses who use the Big Otter Creek Harbour area for the docking of their boats and/or the carrying on of commercial enterprises including commercial marinas and commercial fishing operations, shall pay an annual fee as 2 prescribed in 'Schedule "A" - Harbour Dues', forming part of this by-law. 2. Persons and businesses subject to the payment of the annual fee will receive an invoice in or about June of each year. The annual fee shall be payable to the Corporation of the Village of Port Burwell. 3. The annual fee shall be due and payable within thirty days of the date of the invoice. 4. Annual fees which remain unpaid after thirty days of the date of the invoice shall bear interest at the rate of 10%per annum, which interest charge will commence on the first day following the expiry of the thirty day period. 5. Annual fees and any accumulated interest which remain unpaid after thirty days of the date of the invoice shall constitute a debt of the person or business invoiced, pursuant to section 220.1(10) of the Municipal Act, R.S.O. 1990, c.M.45 as amended. 6. Annual fees and any accumulated interest which remain unpaid after thirty days of the date of the invoice may be added to the tax roll for any real property in the Village of Port Burwell and collected in like manner as municipal taxes, pursuant to section 220.1 (11) of the Municipal Act, R.S.O. 1990, c.M.45 as amended. 7. Persons and businesses who are unable to pay the annual fee as invoiced, may apply to the Council of the Corporation of the Village of Port Burwell for an exemption, in whole or in part, from the requirement to pay the said fee. Such an application shall be made to the Council in writing, setting out the circumstances justifying the request for exemption, and such application shall be made within the thirty day period following the glair .,f tl,r ;r,VI rice. 8. The by-law shall come into force and effect the day of , 1996. Read a first and second time this 28th day of May, 1996 Reeve Administrator/Clerk-Treasurer 3 Read a third and final time this 28th day of May, 1996. Reeve Administrator/Clerk-Treasurer 4 The Corporation of the Village of Port Burwell Schedule "A" - Harbour Dues Bylaw 96-16 1. (a) "Commercial Marina" shall mean a person or corporation who carries on the business of renting out dock spaces and/or boats to third parties. (b) "Commercial Fishing Boat" shall mean a boat used primarily of the purpose of the business of catching fish for subsequent sale to third parties. (c) "Private Recreational Boat" shall mean a boat or any type of watercraft used by the owner for recreational activity, but does not include a boat which is for hire or rent. 2. An owner of a Commercial Marina with docking facilities within the municipal boundary or within the boundary of the Federally owned lands which are leased by the Corporation of the Village of Port Burwell, shall pay an annual fee or Harbour Due of$2,000.00. 3. An owner of a Commercial Fishing Boat which is docked or kept within the municipal boundary or within the boundary of the Federally owned lands which are leased by the Corporation of the Village of Port Burwell, shall pay an annual fee or Harbour Due of $1,500.00. 4. An owner of a Private Recreational Boat which is docked or dept within the municipal -._.. 1)431.14flw or within the boundary of the Federally owned lands which are leased by the Corporation of the Village of Port Burwell, shall pay an annual fee or Harbour Due of $200.00. 5 The Corporation of the Village of Port Burwell (h\( n� PO Box 10 \G 21 Pitt Street C(Qk Port Burwell ON NOJ 1T0 BY-LAW 96-16 Being a by-law to regulate Harbours and Wharves and for the collection of reasonable harbour dues within the Corporation of the 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 imposing and collecting such reasonable harbour dues thereon as may serve to keep the harbour in good order and to pay a harbour master. 1 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 section 220.1 of the Municipal Act, R.S.O. 1990, c. M. 45 as amended, permits Council to pass by-laws providing for the imposition of fees or charges on any class of persons, as follows: 220.1 (2)(a) for services or activities provided or done by or on behalf of it; (b) for costs payable by it for services or activities provided or done by or on behalf of any other municipality or local board; and (c) for the use of its property including property under its control. AND WHEREAS the municipality maintains the Big Otter Creek Harbour area and expends funds for said maintenance and for dredging of the Harbour channel; AND WHEREAS the Big Otter Creek Harbour is used by recreational boaters, commercial fishermen and commercial charter boat operators; AND WHEREAS the Council of the Corporation of the Village of Port Burwell deems it desirable to maintain and promote the traditional maritime activities within the Big Otter Creek Harbour area; AND WHEREAS the Corporation of the Village of Port Burwell leases federal lands within the Big Otter Creek Harbour basin; NOW THEREFORE, the Council of the Corporation of the Village of Port Burwell enacts as follows; 1. That those persons and businesses who use the Big Otter Creek Harbour area for the docking of their boats and/or the carrying on of commercial enterprises including commercial marinas and commercial fishing operations, shall pay an annual fee as 2 prescribed in 'Schedule "A" - Harbour Dues', forming part of this by-law. 2. Persons and businesses subject to the payment of the annual fee will receive an invoice in or about June of each year. The annual fee shall be payable to the Corporation of the Village of Port Burwell. 3. The annual fee shall be clue and payable within thirty days of the date of the invoice. 4. Annual fees which remain unpaid after thirty days of the date of the invoice shall bear interest at the rate of 10%per annum, which interest charge will commence on the first day following the expiry of the thirty clay period. 5. Annual fees and any accumulated interest which remain unpaid after thirty days of the date of the invoice shall constitute a debt of the person or business invoiced, pursuant to section 220.1(10) of the Municipal Act, R.S.O. 1990, c.M.45 as amended. 6. Annual fees and any accumulated interest which remain unpaid after thirty days of the date of the invoice may be added to the tax roll for any real property in the Village of Port Burwell and collected in like manner as municipal taxes, pursuant to section 220.1 (11) of the Municipal Act, R.S.O. 1990, c.M.45 as amended. 7. Persons and businesses who are unable to pay the annual fee as invoiced, may apply to the Council of the Corporation of the Village of Port Burwell for an exemption, in whole or in part, from the requirement to pay the said fee. Such an application shall be made to the Council in writing, setting out the circumstances justifying the request for exemption, and such application shall he made within the thirty day period following the date of the invoice. 8. The by-law shall come into force and effect the day of , 1996. Read a first and second time this 28th day of May, 1996 Reeve Administrator/Clerk-Treasurer 3 Read a third and final time this 10th day of September, 1996. Reeve Administrator/Clerk-Treasurer 4 The Corporation of the Village of Port Burwell Schedule "A" - Harbour Dues Bylaw 96-16 1. (a) "Commercial Marina" shall mean a person or corporation who carries on the business of renting out dock spaces and/or boats to third parties. (b) "Commercial Fishing Boat" shall mean a boat used primarily of the purpose of the business of catching fish for subsequent sale to third parties. (c) "Private Recreational Boat" shall mean a boat or any type of watercraft used by the owner for recreational activity, but does not include a boat which is for hire or rent. 2. An owner of a Commercial Marina with docking facilities within the municipal boundary or within the boundary of the Federally owned lands which are leased by the Corporation of the Village of Port Burwell, shall pay an annual fee or Harbour Due of$2,000.00. 3. An owner of a Commercial Fishing Boat which is docked or kept within the municipal, boundary or within the boundary of the Federally owned lands which are leased by the Corporation of the Village of Port Burwell, shall pay an annual fee or Harbour Due of $1,500.00. 4. An owner of a Private Recreational Boat which is docked or dept within the municipal boundary or within the boundary of the Federally owned lands which are leased by the Corporation of the Village of Port Burwell, shall pay an annual fee or Harbour Due of $200.00. •5 The Corporation of the Village of Port Burwell PO Box 10 21 Pitt Street Port Burwell ON NOJ 1T0 BY-LAW 96-16 Being a by-law to regulate Harbours and Wharves and the collection of reasonable harbour user fees 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 clocks 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 imposing and collecting such reasonable harbour dues thereon as may serve to keep the harbour in good order and to pay a harbour master. 1 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 certain 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 April 29, 1996 4 2 Read a first and second time this 14th clay of May, 1996 AA /,.�• Reeve - AI' AI Aftirre"-- . ministrat. 4C erlx-Treasurer ilor f° Read a third and final t. .e this ' • .y o )1y, 1996. /- i1, , . /i_At/te R- > - Administrator/Clerk-Treasurer `_ 3 Village of Port Burwell Schedule "A" Bylaw 96-16 1. Commercial Marinas shall pay an annual flat fee of$2,000.00 due May 1 of each year. 2. Commercial Fishing Boats shall pay an annual flat fee of$1,500.00 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$200.00 4 Village of Port Burwell Schedule "B" Bylaw 96-16 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 persons 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 than ten years. 2. All businesses and persons within the Village of Port Burwell in accordance with Schedule "A" of Bylaw 96-16 shall a fee as prescribed no later than June 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. . t 5 ; _y fr 4- 41ITTUs Village of Port Burwell Harbour Operations 1,994 1,995 1,996 1,997 ACTUAL ACTUAL BUDGET BUDGET REVENUES LPRCA - Revenue Sharing 625 625 625 625 - Environmental Testing 2,472 1,000 1,000 DFO 15,417 7,500 7,500 DONATION S - Bayham 5,000 15,000 - Fisherman's Assoc 250 PEMBINA 24,500 7,500 7,500 MUNICIPAL - Docks &Ramps 10,351 6,000 6,000 10,000 - Harbours &Wharves 1,000 3,250 7,000 7,000 TAX REVENUE 0 0 TOTAL REVENUE 11,976 52,513 34,625 48,625 EXPENDITURES DREDGING - Dragline 12,360 0 0 - Propwashing/Plow Dredging 804 15,000 15,000 - Pembina 12,566 0 0 LANDSCAPING - Maintenance 3,632 0 0 - Construction 28,982 0 0 Environmental Testing 2,381 2,000 2,000 LEGAL 0 0 ADMINISTRATIVE - Salaries 10,000 10,000 - Miscellaneous (Consultants) 227 1,000 1,000 CAPITAL RESERVE - Sheet Piling 5,000 - Lighting 5,000 - Docks&Ramps 5,000 - Land Purchase TOTAL EXPENDITURES 0 60,952 28,000 43,000 SURPLUS/DEFICIT Carryover (3,500) 0 SURPLUS/DEFICIT 11,976 (8,439) 3,125 5,625 HARBOUR.XLS Prepared by:Suzann Dieleman Mantel,CGA 4/26/96 Reviewed by:David R Free,CET,AMC T 12:28 PM 4—St.Thomas Times-Journal,Friday,July 1,9,1996 •63 5 R.MAN( &1-5CITY & County Ri. 2790 Err. 1 - 635653 ,-1^ rWrIne. I A witness l searching for w. ) this morning. St.Thomas police + '4 • a witness warrant iss • t Lr- " the woman, said Inst j Trevors,because she is net "� i i a to testify in court against a for ' �` c 'c r - r --. _ ---- - mer boyfriend,who is chargee' •' ti -. ', e.:f - with assaultingher. . `~�.._,. r E -__ She was found after a rot: 1 ;Fv , =—- tine car stop at 255 a m, h l I. r • f Ir�`'l ; /..-r - ' 1 said,underneath a blanket . ••$ ' the vehicle. ,�.�, • 4. TVs, stereo i. I f ' . stolen 1 ' — SPRINGFIELD St. . Thomas OPP are investigating Rt1.4:110�M..ct ;) the theft of TVs, a stereo, RISING RATES...The Nancy A Siddall is one of the Port Stanley commercial fishingvessels liquorfromand a video games of 1' tern a home west of paying 300 per cent more in docking fees in 1996. Highway 73. at Const. Doug Maguire said Thi Dockage fees up 300% this morning the break-in and robbery at the 9th Concession Wa `home took place Thursday be- ing f -...weenor commercial fishermen 3 p.m.and 6 p.m. and t BY MARC BERRY born,and commercial fishemren docking fee will go up to$126 �r .y FOR THE TIMES-JOURNAL are caught in the subsidy-reduc- per metre per day, for a dail '` �� ��l�� ing manoeuvre. rate of about$138. H yr Central PORT STANLEY-Comgmer- "Fish tugs experienced an ex- Beaucage estimated that the cial fishermen docked er wall the �ely g�rare in past,- t"I ferry corporation would pay a �r S n rice e areBeaucage said."lite policy now bf' S@rViC@ about 551,559 annuallyin dock- Paying �+- in wharfage of fees. The 300 is for harbors to pay their way ing rates,assuming yr round • . * The federalgovernment col- The revenue has to be porttumed operation with layover in Portcv- $59a9v for any harbor and facili- Stahl harbor lects tie-up fees for vessels ty," eY , docking in the Port Stanley har- JBastien owns a corn- hn .• (Parts&Labor Extra)IJerry bor. The harbor has been open menial fishery based out of • acing in the red,and the federal Port Stanley.His fishing tug,the We Sell Re conditioned government wants to rid itself Bastien Bros, is one of the fish nstreuu4croN� ,:-.....% - • Fridges • Stoves • Washers of all ports not paying their own tugs that will be relocated to gr.mows,ON NIB LS6 & Air Con d i t i o way.The Canadian government make room for the cross-lake FAL 631,6646 -w"') WE OFFER IN-HOME S- plans to divest itself of the Port ferry the Viking, when it is „GUS MERRITT 6314776 MAKES AND Stanley harbor over the next six ready to dock permanently in years. front of the Wharf.He believes by Fully Trained and Ce The Village of Port Stan1:y his new ,cccL;,i•,will be better MCGREGOR FULLY and the County of Elgin,along than the one he had near the f1G EQUIPPED with several port industries, Wharf,but he is not happy with Amp PARTS • SERVICE ED have signed a letter of under- the new dockage rates. VEHICLES standing with the federal gov- He calculates that it will cost LICENSED TO SERVE ernment, to investigate the him$2,500 a year to tie up in MECHANICS you SETTER = possibilityty of taking over the Port Stanley under the new sys- Ebll Sir E 631.4801 harbor.Pift.e interested parties tem. 107 Ross Street, St are now in a position to receive Beaucage explained that confidential information about there would be two rates • harbor finances. charged to the Port Stanley • Al Beaucage, operations ClevelandCorporation • manager for Harbor and Ports for tying up the foot Viking. • Canada,admitted that the 1996 When the Vikings not oper- dockage increase for comer- aping,it will pay the standing- • mt T dal fishing tugs amounts to al- by fee of 35 cents per metre ppeerr • j Y most 300 per cent. day,which comes to about$38 • �' 'The increasestook effect as per day. • • • of May 1,"he said. Once the Viking is operating • The federal government is on daily runs between Cleve- • pushing for self-sufficient tar- land,Ohio,and Port Stanley,th • • ;.-,' .. fEEA, FORDHAM'S SINCE 1933 • I Ilik 444, Sizzlin' Deals •• ME OVUM INIPENTOOT ' u�IIW :07 O F CAM UMW&VANS ' '',Tag ARE VALi1R-a"" Goof PORTS,, ZTV14 -7 i. THE CORPORATION OF THE . VILLAGE OF PORT BURWELL P.O.Box 10,Port Burwell,Ontario NO) ITO ,`=% telephone(519)874-4343 • fax(519)874-4948 06iftgik kiritlx.0 PORTUS REFUGIUM Memo To: Council From: D. Free Re: Harbour&Wharves By-Law Date: June 7, 1996 I would remind Council that with regards to any controversial issues, immediate decisions in the presence of the ratepayer is not advisable. Decisions should be deferred to a future meeting after further deliberations. I realize that often Council feels "brow Beaten"by the presence of certain individuals and again quality decision cannot be made in these situations. D. Free • David R.Free,CET,AMCT• Administrator/Clerk-Treasurer . May-22-96 12 : 27P M. F . PETERSON 519-433-0170 P . 01 MICHAEL F. PETERSON Phone: (519) 433-8635 Barrister& Solicitor Fax: (519)433-0170 68 Bruce Street London, Ontario N6C 1G6 My File No.96101 FACSIMILE MESSAGE TO: Village of Port Burwell FAX NO.: (519) 874-4948 ATTENTION: David Free RE: Harbour Dues By-Law DATE: May 22, 1996 MESSAGE: I enclose a revised by-law. Please review it and discuss any issues with me. I remain concerned about enforcement. The revised Municipal Act permits collection against the owner. What if a company runs a marina, but leases the land, and that company has no other land in the Village? You would have to sue in Small Claims to get your money. Please look closely at the definitions in Sched A to be sure I have caught the kinds of operations that exist. We expect that the dues will not be paid and that litigation may result; I don't want someone to slip through a loop-hole. Please do not make the by-law retroactive; if the date of coming into force has to be delayed to July, so be it. There are other provisions in Bill 26 which you might want to incorporate. I took the liberty of putting in the 10% interest charge and the possibility of someone applying for an exemption. You may want to change those. Do you need to state that this by-law replaces/amends the previous by-law? I did not review the old by-law and I do not know its present status. I take it that you do not intend to pursue the collection of the old fees due to the problems with that by-law. I would not bother to include the budget as a schedule. I have also eliminated Sched. B. As I discussed with you, the provisions of the Municipal Act cited therein, are arguably not appropriate. , May-22-96 12 : 28P M. F . PETERSON 519-433-0170 P. 02 2 Finally, I would confirm your advice to me that the regulations under the revised Municipal Act are not yet available. Hopefully any such regs. will not conflict with what you are attempting to do here. THIS MESSAGE IS INTENDED FOR THE USE OF THE INDIVIDUAL TO WHOM IT IS ADDRESSED AND MAY CONTAIN INFORMATION THAT IS CONFIDENTIAL IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR PLEASE DESTROY AND NOTIFY ME IMMEDIATELY BY TELEPHONE , May-22-96 12 : 28P M. F . PETERSON 519-433-0170 P.03 Being a by-law to regulate Harbours and Wharves and for the collection of reasonable harbour dues within the Corporation of the Village of Port Burwell WHEREAS section 207 ... AND WHEREAS section 220.1 of the Municipal Act, R.S.O. 1990, c. M.45 as amended, permits Council to pass by-laws providing for the imposition of fees or charges on any class of persons, as follows: 220.1 (2) (a) for services or activities provided or done by or on behalf of it; (b) for costs payable by it for services or activities provided or done by or on behalf of any other municipality or local board; and (c) for the use of its property including property under its control. AND WHEREAS the Corporation of the Village of Port Burwell maintains the Big Otter Creek Harbour area and expends funds for said maintenance and for dredging of the Harbour channel; AND WHEREAS the Big Otter Creek Harbour is used by recreational boaters, commercial fishermen and commercial charter boat operators; AND WHEREAS the Council of the Corporation of the Village of Port Burwell deems it desirable to maintain and promote the traditional maritime activities within the Big Otter Creek Harbour area; AND WHEREAS the Corporation of the Village of Port Burwell leases federal lands within the Big Otter Creek Harbour basin; NOW THEREFORE, the Council of the Corporation of the Village of Port Burwell enacts as follows: 1. That those persons and businesses who use the Big Otter Creek Harbour area for the docking of their boats and/or the carrying on of commercial enterprises including commercial marinas and commercial fishing operations, shall pay an annual fee as prescribed in `Schedule "A"-Harbour Dues', forming part of this by-law. 2. Persons and businesses subject to the payment of the annual fee will receive an invoice in or about June of each year. The annual fee shall be payable to the Corporation of the Village of Port Burwell. 3. The annual fee shall be due and payable within thirty days of the date of the invoice. May-22-96 12 : 28P M. F . PETERSON 519-433-0170 P. 04 2 4. Annual fees which remain unpaid after thirty days of the date of the invoice shall bear interest at the rate of 10%per annum, which interest charge will commence on the first day following the expiry of the thirty day period. 5. Annual fees and any accumulated interest which remain unpaid after thirty days of the date of the invoice shall constitute a debt of the person or business invoiced, pursuant to section 220.1(10) of the Municipal Act, R.S.O. 1990, c. M.45, as amended. 6. Annual fees and any accumulated interest which remain unpaid after thirty days of the date of the invoice may be added to the tax roll for any real property in the Village of Port Burwell and collected in like manner as municipal taxes, pursuant to section 220.1 (11) of the Municipal Act, R S.O. 1990, c. M.45, as amended. 7. Persons and businesses who are unable to pay the annual fee as invoiced, may apply to the Council of the Corporation of the Village of Port Burwell for an exemption, in whole or in part, from the requirement to pay the said fee. Such an application shall be made to the Council in writing, setting out the circumstances justifying the request for exemption, and such application shall be made within the thirty day period following the date of the invoice. 8. This by-law shall come into force and effect June , 1996. • milommir Hay.-22-96 12 : 28P M. F . PETERSON 519-433-0170 P.05 3 THE CORPORATION OF THE VILLAGE OF PORT BURWELL SCHEDULE `A'-HARBOUR DUES TO BY-LAW 96-16 1.(a) "Commercial Marina" shall mean a person or corporation who carries on the business of renting out dock spaces and/or boats to third parties. (b) "Commercial Fishing Boat" shall mean a boat used primarily for the purpose of the business of catching fish for subsequent sale to third parties. (c) "Private Recreational Boat" shall mean a boat or any type of watercraft used by the owner for recreational activity, but does not include a boat which is for hire or rent. 2. An owners of a Commercial Marina with docking facilities within the municipal boundary or within the boundary of the Federally owned lands which are leased by the Corporation of the Village of Port Burwell, shall pay an annual fee or Harbour Due of$2,000.00. 3. An owner of a Commercial Fishing Boat which is docked or kept within the municipal boundary or within the boundary of the Federally owned lands which are leased by the Corporation of the Village of Port Burwell, shall pay an annual fee or Harbour Due of$1,500.00. 4. An owner of a Private Recreational Boat which is docked or kept within the municipal boundary or within the boundary of the Federally owned lands which are leased by the Corporation of the Village of Port Burwell, shall pay an annual fee or Harbour Due of$200.00. G9t of PORT e0 1 \3-C) 119";'";'�l THE CORPORATION OF THE VILLAGE OF PORT BURWELL "PR:11 P.O.Box 10,Port Burwell,Ontario NOJ I TO 0=2 telephone(519)874-4343 • fax(519)874-4948 44. " \moi PORTUS REFUGIUM Memo To: Council From: D. Free Re: By-Law 96-16 - Regulate Harbours &Wharves Date: May 24, 1996 Please find attached a revised copy of By-Law 96-16, being a by-law to regulate Harbours&Wharves and for the collection of reasonable harbour dues within the Corporation of the Village of Port Burwell. Advice of municipal legal counsel has been obtained and revisions have been made to the by-law accordingly. Please review the by-law in order that it may be given first and second reading at the May 28, 1996 Council Meeting and possibly third and final reading should Council so desire. 4.. David R.Free,CET,AMCT• Administrator/Clerk-Treasurer t \v� pF POR? '9/L . THE CORPORATION OF THE 0////at..2411116, VILLAGE OF PORT BURWELL P.O.Box 10,Port Burwell,Ontario NOJ I TO � � telephone (519) 874-4343 • fax (519) 874-4948 S 4 =iilkok PORTUS REFUGIUM Memo Date: April 26, 1996 To: Council From: D. Free Re: By-Law 96-16, Regulate Harbours &Wharves Council: The attached budget and by-law has been proposed for multiple sources of revenue which would assist towards the cost of the operations Big Otter Creek harbour facilities. In the past we have used the Municipal Marina as almost the single source. Bill 26 provides the authority to obtain a USER FEE which can substantiate the cost of providing services to the public. To this end and which was the same was completed for 1995, the attached bylaw enables the municipality to recover costs from the users. I would suggest these fees he imposed and collected immediately otherwise collection action under the authority of Bill 26 and the associated regulation be enacted. There does however need to be a political will to collect and have our decision remain in effect without compromise. 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. 1 David R.Free,CET,AMCT • Administrator/Clerk-Treasurer The message is very clear if we want a harbour we have to be fiscally responsible of which includes a revenue strategy.Again, persons or companies who are directly benefiting must 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. Please review the attached at your earliest possible convenience and provide your further direction in this matter. David Free Ends w �r r1 ke i „� c a{_-�i "4 OF PORT BUq� THE CORPORATION OF THE � t VILLAGE OF PORT BURWELL 00,4k PO.Box 10,Port Burwell,Ontario NOJ ITO ��� � telephone (519) 874-4343 • fax (519) 874-4948 == home page:http://www.kanservu.ca.burwell -4111111. 01111111111115 '°ORTUS REFUG"UM November 3, 1997 Mr. Gordon Craig Post Office Box #112 Port Burwell ON NOJ 1T0 Dear Mr. Craig I have been directed by Council to request the status of your efforts with regards to the collection of harbour fees. Please contact me before the November 12, 1997 Council meeting in order that we may discuss this matter. Sincerely yours m-Duc,l Donna Lamoure Acting Clerk Tom Nesbitt • Reeve Councillors • D.Mason,j.Hevenor,G.Loucks,R.Bradfield Port Burwell BY ro Laws '.4111141 4\0004, By-Laws # 96 — 17 -- 96 - 23 1996 The Corporation of the Village of Port Burwell PO Box 10 21 Pitt Street Port Burwell ON NOJ 1T0 By-Law 96-17 i` .) 0 3 Being a by-law to establish position description for Administrator/Clerk-Treasurer, Deputy Treasurer, Deputy Clerk, Administrative Assistant and Building Inspector. 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; AND WHEREAS the Council of the Village of Port Burwell deems it necessary to establish potion descriptions. NOW THEREFORE the Council of the Village of Port Burwell establishes position descriptions for the Administrator/Clerk-Treasurer, Deputy Treasurer, Deputy Clerk, and administrative Assistant as set out in Schedule "A", "B", "C", "D" and "E"respectively of this by-law. Read a first a • .econd t. e this • h day of September, 1996 •w - Reev Administrato lerk-Treasurer Read a thi • and final t.• : this ' h day of September, 1996 / lb,4 I i/. - ..1 4( Rem.e dministrator/ erk-Treasurer • Schedule "A" ByLaw 96-17 VILLAGE OF PORT BURWELL POSITION DESCRIPTION ADMI NISTRATOR/CLERK-TREASURER Reports to: Council of the Village of Port Burwell Knowledge: Formal and education training in either of or a combination of business, engineering, planning, municipal, public administration from a recognized college or university. Graduation from the AMCT program including Municipal Law and Accounting coupled with extensive senior municipal/management experience. Formal training in accounting procedures at the post secondary education level; high level computer skills including the use of word processing, data management, and computerized accounting software. High level written and oral communications skills; well developed staff/public relations, communication and negotiating skills. Proven ability to coordinate staff and consultants in daily activities inclusive of special projects. Must be able to delegate responsibility and ensuring accountability. An innovative and decisive leader with high level organization, managerial and analytical skills. Ability to work with tact and discretion in a political environment. Good knowledge of provincial legislation and policies that affect municipal government, and a sound knowledge of contemporary municipal operating systems and procedures. Good knowledge of provincial legislation and policies that affect land use planning and development. Experience: Minimum of 10 years of senior management experience Previous municipal experience not necessary but an asset • Previous Personal Computer experience in accounting, word processing, data base systems, Geographic Information Systems Civil/Municipal Engineering and Municipal Planning background an asset Leadership: Supervises and coordinates all staff and department heads in concert with position descriptions keeping employee safety as a fore most concern. Engages and directs consultants and contractors (engineers, planners, lawyers etc.) with regard to specific activities and matters as required for the safe and effective operation of municipal services to the public and in the best interest of the corporation. Provides advise to council on policy and operational matters considering various complexities including legislation, legal obligations, bylaws and a fairness to the ratepayers. Develops overall community strategies (capital and general operations spending) in the detailed development of budgets and reports. Recommends to council hiring and dismissal of employees acting on the final decision"-- of ecisionof council. Initiative/Creativity: Adheres to Municipal Act, Public Utilities Act, and other legislation, by-laws and Council resolutions and direction of Administrator/Clerk-Treasurer Exercises initiative and creativity in daily operation of office in order to accommodate requirements of public and various federal, provincial and municipal government agencies. Follows generally accepted engineering, planning, management, personnel, policy advisory and accounting principles Monitors and improves efficiency and effectiveness of municipal facilities, infrastructure, public services including the daily accounting systems and procedures Develop bylaws and policies in conjunction with the requirements of Municipal Act and council in order to deliver fair and effective service to the public. Acts as a general resource to public in regard to numerous issues on behalf of the municipality including issues as planning, property, tourism, recreation and culture. • Acts as advisor to council on numerous issues solving problems daily towards the efficient operation of the municipal infrastructure, facilities and services. Prime contact and liaison in regard to employee safety (Occupational Health & Safety) and public safety. Initiates Economic Development activities and contacts for residential and commercial development in municipality providing infrastructure, demographic, geographic and transportation data as required. Preparation of letters and reports on behalf of council covering several topics including sensitive legal matters; public relations; Development of various planning and corporate agreements on behalf of the municipality in concert with professional legal advice, with other municipalities, corporations, land owners, service clubs, individuals etc. Contact: 1. With Council and Committees discusses plans and priorities for the municipality provides information, advice and guidance receives policy direction by by-law or resolution. • 2. With Staff Provides administrative leadership, direction and control to ensure that Council and the public are properly served and that Council policy is carried out. Must be able to provide an effective employee review process which identifies deficiencies and strengths commensurate with the staff plan and daily job requirements inclusive of the goals and objectives of the municipality. 3. With Solicitor, Engineers, Planners, Auditor and Other Retained Services Maintains effective liaison and coordination on behalf of the Corporation. Retain professional services and advice on behalf of the Corporation as required at his/her discretion. 4. With Provincial Ministries and Agencies Performs statutory duties per the various acts. Represents the Corporation in administrative matters. Maintains awareness of legislative, policy and program changes. 5. With Other Municipalities and Associations Exchanges information and keeps informed of changes and trends in; a. municipal government and systems b. public utilities matters inclusive of engineering and administrative concerns c. harbour issues with respect to management, public safety, Federal and Provincial directives and decisions. 6. With Contractors and Suppliers Negotiates and administers contracts under the authority of the financial procedures bylaws and policies.. 7. With the Public and the Media Daily personal and telephone with public as follows; a. in collections on tax and water/sewer accounts. b. articulating municipal policies and procedures with the public, contractors, provincial and federal government agencies. c. disseminating municipal information(as permitted under the freedom of information legislation) to public and ratepayers. d. liaison with auditors, bank, provincial and federal ministries as directed by the Administrator/Clerk-Treasurer. e. must have considerable tact required when dealing with the public. f. able to communicate to staff the requirements of council with respect to bylaws and specific requirements. g. provide clear, concise and non partisan statements to the media (newspaper, television and radio) on various events and issues within the municipality. h. assemble and distribute press releases under the direction of council and/or commensurate with local policies. i. write letters to various provincial, federal, municipal, special interest groups and individuals on behalf of the municipality concerning various topics and situations. Decision Making: Decisions are commensurate with authority as permitted under the Municipal Act, Other Provincial and Federal Legislation, local bylaws, municipal policies and practices. Daily management of office and municipal infrastructure and facilities in order to ensure effective and efficient operations within the contractual obligations of the corporation and bylaws. Working Conditions: Works predominately in an environmentally controlled office at a desk using computers and standard office equipment. Travel to other communities in a personally or municipally owned vehicle to attend meetings and seminars on behalf of municipality. Visits and inspects municipal properties and facilities for safe and orderly conditions as part of supervision role of municipal employees. Municipal environment conditions that are subject to a high level of stress, interruptions, peak periods, and tight unyielding deadlines that are set by statute and shifting priorities; must be accessible to Council, other staff, provincial ministries and agencies, and the general public. Work is on an as required, when required basis.- , Effort: Mental and visual demands associated with office work Extremely high level of stress from complex multiple demands, multiple roles, new and unexpected problems and critical time deadlines for work performance Good physical condition to conduct inspections on various municipal systems. Responsibilities: Perform duties as permitted by law and as required commensurate with bylaws, legislation, policies and procedures as approved by council including but not limited to as follows; Adminifitidiaa Is designated the principal policy advisor to Council for policy purposes, with the responsibility of providing an operational environment conducive to Council's policy role. Is designated Administrator for the purpose of carrying out policy decisions that are expressed in legislation, Council by-law, or resolution. Provides policy development on behalf of Council in all matters and responsibilities. Is responsible, at his/her discretion, for retaining professional services and advice on behalf of the Corporation. Development of Position Descriptions and amendments thereof upon changes in responsibilities. Is responsible for the human, physical, and financial resource of the Corporation and for the efficient and effective direction and administration of those resources and municipal facilities and infrastructure. Provides direction, control, supervision, leadership and coordination to all municipal staff, contractors and their functions within the corporate operations. Responsible for the employment/compensation, within corporate guide-lines including termination/suspension and disciplining of all staff. s. Recommends to Council on the employment, compensation, termination, suspension and disciplining of Department Heads. Receives and prior approves all reports to Council from committees, staff and consultants. Receives and prior approves all reports that may be required by various governmental ministries/agencies. Maintains the Corporation's liaison between operating departments/boards/commissions, other municipalities, Provincial and Federal ministries/agencies, advisory committees, and other organizations. Attends all meetings of Council. Clerk Performs the statutory and other duties of the Municipal Clerk as are set out in the Municipal Act and other Acts of the Legislature. Reviews all new and amended legislation that may apply to the Corporation, and advises Council of he potential impact of new legislation, regulation, policies and guidelines. Responsible for the preparation of agendas for Council and Committees including the organization of staff reports, draft resolution and by-laws. Responsible for the preparation of reports and minutes, resolutions, by-laws and correspondence arising from Council and Committee proceedings. Responsible for records management according to the Corporation's records retention/destruction by-law and administrates the access to all documents in concert with FOI legislations and municipal policies inclusive of corporate files, correspondence, memoranda and reports. Responsible for the management of written transactions and the organization and maintenance of the ByLaw Index, Minute Book, Vital Statistics Ledger, Water/Sewer Customer Ledger, Responsible for the preparation and distribution of correspondence and reports. Responsible for the conduct of municipal elections. TreasureL Performs the statutory and other duties of the Municipal Treasurer under the Municipal Act and other Acts of the Legislature. Maintains awareness of grants, subsidies and cost sharing arrangements, and advises Council on their applicability. Responsible for the administrative development of the current and capital budgets of he Corporation. Responsible for he establishment of , and control of, all financial and accounting systems and procedures according to generally accepted financial and accounting principles and provincial legislation. Responsible for the collection and disbursement of monies at the credit of the Corporation and the Province. Responsible for he preparation of Purchase Orders and the maintenance of inventories of equipment and facilities. Responsible for the daily cash receipt journal. Responsible for he preparation of bank deposits, including receipts from other municipal operations, arranges bank transfers and reconciles bank deposits. Responsible for the processing of accounts payable and receivable transactions. Responsible for the preparation of the pay-roll, the maintenance of pay-roll records, including benefits and government pay-roll deductions and the remittance of same, as required. Tax Collectot Responsible to oversee the preparation of tax bills mailing to ratepayers Responsible to review and recommend for the approval of tax writeoffs in accordance to Financial Procedures ByLaw Responsible for the collection of taxes including tax registration, searching of titles, tax registration certificates, small claims courts proceedings. • Responsible for addressing inquiries and complaints articulating municipal policy on collection policies. Responsible for the tax collection process. Public Utilities Manager Responsible for the general management of utility systems ensuring the development of work schedules for all aspects of the utility provided by the Municipality including sewer and water system and the sewage treatment plant. Responsible for addressing inquiries and complaints related the utility system for the operations and maintenance including advice to council in all matters pertaining to the systems. Provides general and detailed engineering and planning for system as time permits and practical Responsible for providing advice to council in all matters pertaining to the \ utility. Responsible for the implementation and monitoring effectiveness of system and recommends policy and engineering standards and amendments thereof. Provides general and detailed engineering/planning for the utility while utilizing and supervising engineering consultants as required. Development and administration of detailed operations and capital budgets including support data for the development and levying of user charges. Schedule "B" ByLaw 96-17 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 mandatory Leadership: Only supervises office staff in absence of Administrator/Clerk-Treasurer Initiative/Creativity: Adheres to Municipal Act and other legislation, by-laws and Council resolutions and direction of Administrator/Clerk-Treasurer 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 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/Clerk-Treasurer 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 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 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 cash disbursements - 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 preparation of supporting documentation assist in the development and setting of mill rates prepare by-law and resolutions distribute budget to appropriate agencies preparation of miscellaneous government reports in accordance with budget 5) Financial Reporting preparation of monthly 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 instalment dates and the six water/sewer instalments Performs records management duties in accordance with procedure 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. Schedule "C" ByLaw 96-17 VILLAGE OF PORT BURWELL POSITION DESCRIPTION DEPUTY CLERK Reports to: Administrator/Clerk-Treasurer Knowledge: Formal and education training in either of or a combination of business, municipal, public administration from a recognized college or university. Graduation from the AMCT program including Municipal Law coupled with municipal/management experience. Formal training in accounting procedures at the post secondary education level; moderate level computer skills including the use of word processing, data management, and computerized accounting software. Moderate level written and oral communications skills; well developed staff/public relations, communication and negotiating skills. Proven ability to coordinate staff and consultants in daily activities inclusive of special projects. Must be able to delegate responsibility and ensuring accountability. An innovative and decisive leader with high level organization, managerial and analytical skills. Ability to work with tact and discretion in a political environment. Good knowledge of provincial legislation and policies that affect municipal government, and a sound knowledge of contemporary municipal operating systems and procedures. Good knowledge of provincial legislation and policies that affect land use planning and development. Experience: Minimum of 2 years of senior management experience Previous municipal experience not necessary but an asset Previous Personal Computer experience in accounting, word processing, data base systems Leadership: Supervises and coordinates all staff and department heads in concert with position descriptions keeping employee safety as a fore most concern. Engages and directs consultants and contractors (engineers, planners, lawyers etc.) with regard to specific activities and matters as required for the safe and effective operation of municipal services to the public and in the best interest of the corporation. Provides advise to council on policy and operational matters considering various complexities including legislation, legal obligations, bylaws and a fairness to the ratepayers. Initiative/Creativity: Adheres to Municipal Act, Public Utilities Act, and other legislation, by-laws and Council resolutions under the direction of Administrator/Clerk-Treasurer Exercises initiative and creativity in daily operation of office in order to accommodate requirements of public and various federal, provincial and municipal government agencies under the direction of Administrator/Clerk-Treasurer. Follows generally accepted engineering, planning, management, personnel, policy advisory and accounting principles under the direction of Administrator/Clerk- Treasurer. Develop bylaws and policies in conjunction with the requirements of Municipal Act and council in order to deliver fair and effective service to the public under the direction of Administrator/Clerk-Treasurer Acts as a general resource to public in regard to numerous issues on behalf of the municipality including issues as planning, property, tourism, recreation and culture. Preparation of letters and reports on behalf of council covering several topics including sensitive legal matters; public relations under the direction of Administrator/Clerk-Treasurer Contact: 1. With Council and Committees discusses plans and policies for the municipality provides information, advice and guidance receives policy direction by by-law or resolution. 2. With Staff Provides administrative and control to ensure that Council and the public are properly served and that Council policy is carried out. 3. With Solicitor, Engineers, Planners, and Other Retained Services Maintains effective liaison and coordination on behalf of the Corporation. 4. With Provincial Ministries and Agencies Performs statutory duties per the various acts. Maintains awareness of legislative, policy and program changes. 5. With Other Municipalities and Associations Exchanges information and keeps informed of changes and trends in municipal government and systems 6. With Contractors and Suppliers Administers contracts under the authority of the financial procedures bylaws and policies under the direction of Administrator/Clerk- Treasurer. 7. With the Public and the Media Daily personal and telephone with public as follows; a. in collections on tax and water/sewer accounts. b. articulating municipal policies and procedures with the public, contractors, provincial and federal government agencies. c. disseminating municipal information (as permitted under the freedom of information legislation) to public and ratepayers. d. must have considerable tact required when dealing with the public. e. able to communicate to staff the requirements of council with respect to bylaws and specific requirements. f. provide clear, concise and non partisan statements to the media (newspaper, television and radio) on various events and issues within the municipality. g• assemble and distribute press releases under the direction of council and/or commensurate with local policies. h. write letters to various provincial, federal, municipal, special interest groups and individuals on behalf of the municipality concerning various topics and situations. Decision Making: Decisions are commensurate with authority as permitted under the Municipal Act, Other Provincial and Federal Legislation, local bylaws, municipal policies and practices under the direction of Administrator/Clerk-Treasurer Working Conditions: Works predominately in an environmentally controlled office at a desk using computers and standard office equipment. Travel to other communities in a personally or municipally owned vehicle to attend meetings and seminars on behalf of municipality. Municipal environment conditions that are subject to a high level of stress, interruptions, peak periods, and tight unyielding deadlines that are set by statute and shifting priorities; must be accessible to Council, other staff, provincial ministries and agencies, and the general public. Work is on an as required, when required basis. Effort: Mental and visual demands associated with office work High level of stress from complex multiple demands, multiple roles, new and unexpected problems and critical time deadlines for work performance Good physical condition to conduct inspections on various municipal systems. Responsibilities: Perform duties as permitted by law and as required commensurate with bylaws, legislation, policies and procedures as approved by council under the direction of Administrator/Clerk-Treasurer including but not limited to as follows; Deputy Cletk Performs the statutory and other duties of the Municipal Clerk as are set out • in the Municipal Act and other Acts of the Legislature. Reviews all new and amended legislation that may apply to the Corporation, and advises Council of he potential impact of new legislation, regulation, policies and guidelines. Responsible for the preparation of agendas for Council and Committees including the organization of staff reports, draft resolution and by-laws. Responsible for the preparation of reports and minutes, resolutions, by-laws and correspondence arising from Council and Committee proceedings. Responsible for records management according to the Corporation's records retention/destruction by-law and administrates including the access to all documents in concert with FOl legislations and municipal policies inclusive of corporate files, correspondence, memoranda and reports under the direction of Administrator/Clerk-Treasurer. Responsible for the preparation and distribution of correspondence and reports. Assist with the conduct of municipal elections. Schedule "D" ByLaw 96-17 VILLAGE OF PORT BURWELL POSITION DESCRIPTION ADMINISTRATIVE ASSISTANT Reports to: Administrator/Clerk-Treasurer Knowledge: Knowledge of standard office practices &procedures Operation of a personal computer (associated software ie Lotus 123, Excel, Word Perfect, RMS, NewViews etc), able to maintain records management system, calculator and a vehicle since some travel is required Education: Minimum of Secondary School Education (College/University preferred) General Secretarial education/experience from a recognized program AMCT designation would be an asset however not necessary Experience: Minimum of 2 to 3 years office experience Previous municipal experience not necessary but is an asset Previous personal computer experience in a"Windows"environment required Leadership: None (directs staff through authority of supervisor) Initiative/Creativity: Adheres to Municipal Act and other legislation, by-laws and Council resolutions and direction of Administrative/Clerk-Treasurer and Deputy Treasurer Exercises initiative in daily operation of office Follows generally accepted office operating systems and procedures Monitors and improves efficiency and effectiveness of operating 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. provide assistance by directing the calls or taking messages from rate payers, contractors, general public, government municipal staff, Councillors, Board Members, Non Profit Housing Corporation tenants d. must have considerable tact required when dealing with the ratepayers public, contractors, suppliers, Board Members, and the tenants of the Port Burwell Non Profit Housing Corporation. Decision Making: Decisions are required commensurate with authority delegated by the Administrator/Clerk-Treasurer on office systems, policies and procedures by-laws including records management, 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/Clerk- Treasurer. Must be able to attend night meetings as deemed necessary by the Administrator/Clerk-Treasurer. Duties predominately in municipal office however, may require time in other locations and facilities throughout the municipality commensurate with the Administrative Assistant duties as described herein. Availability for overtime as required. 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 including but not limited to as follows; 1. Provides administrative support to Administrator/Clerk-Treasurer, Councillors and other staff as required by typing all correspondence, dictation, reports, documents, statistical statements and other material. 2. Organizes and maintains Municipal records management system (physical and computer system) in accordance to Procedures Manuals. 3. Assists Administrator/Clerk-Treasurer by preparing and circulating agendas, listing and attaching correspondence and reports and distributing to the members of Council, Boards, Housing Corporation and the media. 4. Assists Administrator/Clerk-Treasurer, Municipal Boards and Port Burwell Non Profit Housing Corporation by preparing bylaws, resolutions, draft minutes and circulation of approved minutes to various sources. 5. Receives calls and visitors for the Administrator/Clerk-Treasurer, providing information, if possible, when Administrator/Clerk-Treasurer is not available. 6. Maintains a calendar of meetings scheduled for the Administrator/Clerk-Treasurer and carrying out any arrangements required. 7. Responsible to provide all services at the customer service desk on a continuing basis including the greeting of visitors, initial responses to inquiries, collection of payments, issuing of permits and licenses where required. 8. Acts as initial contact on the telephone ensuring calls are addressed by taking messages or directing to the appropriate departments and taking appropriate action on own commensurate with knowledge, experience and as previously delegated where required. 9. Types correspondence, reports, documents, statistical statements and other material on personal computer, ensuring accuracy and adherence to prescribed format. 10. Provides clerical accounting assistance to the Deputy Treasurer as required on the accounts payable, accounts receivable and general ledger. Prepares and delivers all daily bank deposits. 11. Provides clerical accounting functions by assisting the Administrator/Clerk-Treasurer and the Deputy Treasurer as required for data entry. 12. Provides clerical accounting assistance to the Deputy Treasurer as required for work reports and payroll. 13. Takes calls and inquiries from tenants and contractors in regard to the Port Burwell Non Profit Housing Corporation responding in accordance to Rules and Regulations and Standard Procedures in the efficient and effective operation of the Housing Project. • 14. Reviews daily mail and distributes accordingly to departments/staff/councillors on a need-to-know basis. 15. Reviews daily newspapers for pertinent clippings to maintain up-to-date files and scrapbook. 16. Responsible to provide building opening and/or closing functions depending on work schedule. 17. Performs all other duties as assigned by supervisor. • • • • • Schedule "E" ByLaw 96-17 VILLAGE OF PORT BURWELL POSITION DESCRIPTION BUILDING INSPECTOR Reports to: Administrator/Clerk-Treasurer Knowledge: Knowledge of Building Inspection Practices In depth knowledge of the Ontario Building Code Knowledge of the Fire Code to assess the safety of buildings under construction or alteration. Knowledge of local bylaws and the enforcement thereof Able to read and understand engineering/architectural drawings in order to determine compliance to the Ontario Building Code Knowledge of construction techniques to carry out inspections and able to determine inadequacies relative to building standards. In depth knowledge of local planning bylaws and pertinent legislation commensurate with the issuance of building permits Operation of personal computer (associated software ie Excel, Word Perfect, data retrieval software). Must have a valid drivers license for the operation of personal or corporate vehicles. Education: Post Secondary Education (College/University) Completion of Plumbing Inspectors Completion of Part 9 of Ontario Building Code Use of personal computers Recognized Building Inspectors designation (CBO) • • Experience: Minimum 2 to 3 years experience in building inspection Previous municipal experience required Previous personal computer experience Leadership: Does not supervise staff except in the typing and the filing of reports. Initiative/Creativity: Responds to demands and complaints by council, supervisor and public for building projects and ByLaw violations. Enforces Building Code, Fire Code and local bylaws. Contact: Daily personal and telephone contact with public in matters as follows; a. Deal with the public (property owners, contractors, architects, engineers etc.) in a courteous and professional manner review of building permit applications assisting public with details explaining deficiencies and requirements. Receive payments for building permits including retrieval of historical information as requested by the public(and if available). b. Deal with various departments including the Fire Chief in a courteous and professional manner to discuss properties under investigation. c. Deal in a courteous and professional manner with the Administrator/Clerk- Treasurer, Planner, Lawyers and other staff/consultants, as required, to consult on zoning and other matters. d. Deal with the Ministry of Housing in a courteous and professional manner to discuss specific programs. e. Deal with the general public and contractors in a courteous and professional manner to provide information, and respond in an appropriate format to complaints and enquiries regarding the standards, by-laws and specific municipal programs. f. Communication skills to advise the public of violations to existing by-laws, and provide assistance and direction with respect to alternative options. Decision Making: 1 General supervision - advice - available Work is performed under the general direction of the Administrator/Clerk- Treasurer with access to the Public Works Foreman, Village Solicitor, Village Planner and the Fire Chief for advice and guidance in the performance of duties. • 2 Assess - to applicable standards - legislation Access to applicable standards and by-laws, such as the Properties Standards By-Law, Ontario Building Code and Village policies. 3 Interpretation - Building Code - By-Laws Ensure judgement is exercised in interpreting the provisions of the Building Code, the zoning by-laws and the property standards by-law fairly and equitable as they apply to the use, occupancy and maintenance of buildings and lands. 4 Resolution - disputes - By-Laws Ensure judgement is exercised in resolving disputes, and dealing with situations where there has been disregard of by-laws. 5 Ensuring - policy - service standards Ensure all policies and levels of service and standards are implemented fairly and equitable upon approval of the Administrator/Clerk-Treasurer 6 Purchasing Authority Compliance with municipal purchasing policy Obtain prior authorization before engaging services and dialogue with lawyers and planners. Working Conditions: Hours of work varies with construction activity and the demands of the public with hours between 8:00 am to 5:00 pm (8 hours) daily with hours increasing as necessary as established by the Administrator/Clerk-Treasurer. Performs duties predominately in municipal office however, may require time in other municipal facilities commensurate with the duties as described herein. Attendance at regular and special Council meetings as deemed necessary by the Administrator/Clerk-Treasurer. Must he available to attend extra night meetings as determined by the Administrator/Clerk-Treasurer. Availability during emergency situations Infrequent hazardous conditions within unsafe buildings. On-Site inspections 35 to 65 per cent of time carrying out site inspections on exteriors and interiors of buildings. • Effort: Limited mental and visual demands associated with office work. Also requires adequate physical condition to conduct safety inspections of buildings, existing and under construction. Responsibilities: 1 Enforce Statutes and Regulations as applicable In accordance with statutory requirements and the building by-law, enforcement of provincial statutes, and Regulations thereunder, of the Building Code and all other applicable laws as they apply to buildings and structures. 2 Enforce Zoning and Property Standards By-law In accordance with municipal bylaws and provincial legislation, enforce of the provisions of the zoning by-law, minor variance decisions and the property standards by-law as they apply to the use, occupancy and maintenance of any building or piece of land. 4 Issue Building permits Supervise the issuance of all building permits and the ensure collection of fees and development charges prior to the issuance of permits. 5 Ensure Inspections, Orders and Notices Ensure that all relevant inspections, orders or notices are executed as they relate to permits issued or regulations violated, including a regular tour of the Village to ensure that applications have been obtained and permits issued for work requiring a permit. 6 Responds to enquiry Ensure the timely and appropriate formal response and subsequent within authority directing action with regard to all public enquiries 7 Complete Directives and Issue reports Respond to directives in a prompt manner, and provide for the issuance of all reports as required, including a monthly report of all activities to the Administrator/Clerk-Treasurer. 8 Other duties Perform other duties as requested the Administrator/Clerk-Treasurer The Corporation of the Village of Port Burwell PO Box 10 21 Pitt Street Port Burwell ON NOJ 1T0 By-Law 96-18 ( D 0-a- ? Lt-) Being a by-law to establish a policy for the manner of security for municipal assets, information and personnel. WHEREASthe 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; AND WHEREAS the Council of the Village of Port Burwell deems it necessary to establish policies to prescribe the manner in which municipal assets, information and personnel are to be protected. NOW THEREFORE the Council of the Corporation of the Village of Port Burwell enacts as follows; That local and specific matter pertaining to security policies and procedures shall be governed by the policies as permitted in Schedule "A" of this by-law and shall be amended from time to time by Council resolution. 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 an. -•cond tim= is • h . .y of November, 1996 /1) Reeve .' Administrato Jerk-Treasurer Read a t final t' tins 6`6 ay of November, 1996 Reeve/ i/ 4 A.ministrato• lerk-Treasurer • 2 Schedule "A" Bylaw 96-18 Village of Port Burwell Municipal Security Policy 1.0 Security Procedures 1.1 Bank Deposits a. Monies received by the municipality shall be deposited into a chartered bank on a daily basis. During times of high input (ie. taxes, utilities) when cash on hand may exceed $1,000.00, deposits shall be made twice daily. Deposit statements shall be completed daily for review by the Treasurer or his designate. b. Deposits with a cash content of over $750.00 shall be transported to the chartered bank in a personal vehicle. c. Cash receipts (after special events such as Fireworks, Tub Daze, etc.) shall be .� counted and rolled by two staff members (minimum) while the inner office door is closed and locked. Access to this office during the counting is restricted to members of the public. These all-cash deposits shall be accompanied by two staff persons to the chartered bank. 1.2 Security of Information - By-Laws a. The original by-law documents shall be maintained permanently in the municipality's filing system. By-Laws that have expired or have been superseded may be maintained permanently in the municipality's archives rather than in the current filing system, at the Clerk's discretion. b. By-Laws shall be transferred to micro-fiche periodically. The micro-fiche shall be maintained permanently in the municipality's fire-proof safe or vault. 1.3 Security of Information - Financial Information a. Current year original documents and financial records shall be maintained in the municipality's current filing system until the year end audit has been completed b. Original source documents and original financial records (ie. invoices, receipts, reports, bank statements, cancelled cheques, payroll, general ledger) shall he maintained in the municipality's archives by year for the time period stipulated by government regulations (currently six years past the fiscal year end date). c. A Computerized back-up on diskette or tape shall be made of the municipality's financial books and records after each year's audit is completed and shall be maintained in the municipality's fire proof safe or vault for the same time period as stated in part (b) above. 1.3 Security of Information - Computer Back-up a. A computerized back-up of vital data records shall be made weekly. Vital data records include but are not limited to: financial records, by-laws, letters, memos, records management databases, spreadsheets. Each new back-up shall be maintained offsite for one week in the hands of the Deputy Treasurer or her designate. Each back-up shall be maintained offsite for an additional week in the hands of the CAO or his designate. Thereafter, the tape shall be maintained in the municipality's fire proof safe or vault until superseded. The computer back-up system shall ensure the integrity of the data in a cost effective manner. Appendix 1 provides a flowchart of the procedure. b. The computerized back-up shall be on a five week rotation utilizing a series of storage media as permitted with the back-up software in place. 1.3 Security of Information - Other a. Information held by the municipality concerning items dealt with by council under committee of the whole, land purchase and sale, legal issues and personnel issues and records shall be maintained under the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA). By-law 96-11 and any amendments thereto or any by-law supercedmg by-law 96-11 and any amendments thereto, being a by-law to provide for local policies under the MFIPPA, shall be consulted and adhered to with any and all requests for information. b. Strict adherence to the MFIPPA by-law in place and the Act itself shall be required from all staff and council members at all times. 1.5 Municipal Facilities Security a. The right of access to the municipal offices outside regular working hours shall be restricted without exception. Permanent office staff, councillors, the reeve and the janitor shall be the only people entitled to hold keys to the municipal offices. Master keys shall only be held by the CAO and Fire Chief. b. There shall he no meetings within municipal facilities without the presence of at least one staff or council member at all times. c. The combination to the fire proof safe or vault shall be provided only to the CAO, the Deputy Treasurer and the Administrative Assistant. No other persons shall be privileged with this information. The combination to the fire proof safe or vault shall be changed upon the termination of employment of any of the aforementioned personnel. d. It is the responsibility of the last person to leave the office premises to ensure that all equipment is turned off, the cash drawer is locked in the safe or vault and the doors are securely locked. • Village of Port Burwell i Computer Systems Backup e 11W31 for 0000000 _ Administrative/Accounting Data �ODDO000cEi , �, Appendix 1, Bylaw 96-18 Internet Server Aylmer Kanservu.ca 11 El Internal Modem — — os 4 28.8 kps 0 Daily Input for — 4 Administrative SDM(home) and si 11111 (Pentium 133,32M Ram,1.6 MB HD) Accounting Systems Fax 519 874 4948 • Windows 95 • 874 4590 11 II. ' 171._ iInt - -Modem - Modem Modem a _ o: Tepee — 0:,4i 0_'33 kps _ M �' 14.4 kps 28.8 kps 0 O Q SDM ER DRF DJL (486-50 Mhz,BM Ram,500 MB HD) (486-60 Mhz,32M Rain,1 Gig HD) (Pentium 133,32M Ram,1.2 Gig HD) (486-60 Mhz,BM Rim,1 Gig HD) Accounting, Financial Administrative, Engineering,Administrative, Records Mgmt, History 8 Analysis Public Works GIS,Financial History 8 Analysis Word Processing, System Backup 4 4 ..{_...J HP Scan}et 4c 4.s."...---__ --••• %N1111 -. . Colorado Tape 111111 Backup System '. (Portable) Shared Printer HP Laser Jet 4 Backup Protocol 4 t N data files for each computer are backed up weekly(Ifttedneedeys e 1200 noon)stored in venous Use sub)ec to vintage. 2 N Software Files stored it Safe 3 CD's retested on staff desktops CM Ill CM EN EN Tape Storage Tape Storage Tape Storage Tape Storage Tape Storage Week 1 Storage Week 2 Storage Week 3 Storage Week 4 Storage Week 5 Storage Deputy Treasurer's Home CAO's Home Municipal Safe Municipal Safe Municipal Safe , 9.? of 30 fri of PORT 80,9 4,,osehA F THE CORPORATION OF THE VILLAGE OF PORT BURWELL 7114iwinwo etsP.O.Box 10,Port Burwell,Ontario NO) I TO telephone (519) 874-4343 • fax (519) 874-4948 home page:http://www-kanservu.ca.burwell PORTUS REFUGIUM Memo Date: November 21, 1996 To: Council From: D. Free Re: Policies and Procedures, Security Municipal Assets and Information Council: During the past 2 years I have been working towards the assembly of several policies for the municipality. Many of the Financial Policies have been reviewed by Council and adopted. There are several others which have yet to be reviewed of which are significant in context of which includes the attached Security of Municipal Assets and Information. The attached policy is not complete however provision has been made to complete other sections as our operations are refined and formalized. We have still to meet with the police to discuss training and procedures for staff considering various circumstances of which we are exposed. Once we have met with the appropriate authorities and developed a suitable approach the policy will be presented to Council for consideration. David Free Ends POLICY02.M EM David R.Free,CET,AMCT • Administrator/Clerk-Treasurer THE CORPORATION OF THE VILLAGE OF PORT BURWELL Post Office Box #10 21 Pitt Street Port Burwell, Ontario NOJ 1T0 BY-LAW 96-19 ! 6a Being a By-law to amend bylaw 96-05 being a by-law to amend bylaw 96-03 which authorizes 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 15.0 of the License Agreement hereto referred to as Schedule "B" as follows: 4.0 The Licensee shall pay to the Licensor the sum of Two Thousand Dollars for the term of the lease paid in accordance with Section 15.0 of this agreement. 15. This licence is renewable for an additional one year term (1997) upon mutual agreement of the Licensee and Licensor and upon the same terms set out in this agreement excepting payment for the second term shall be in the amount of Two Thousand Two Hundred Dollars. Payment shall be in three equal payments on the following dates of each year; a. immediately upon executing this agreement. b. on or before July 1st c. on or before August 1 1 Read a first and second t.. r this 9th day of April, 1996. Reev- �dmini rator/Clerk-Treasurer Read a third time and finally passed this 9th day of April, 1996. • Imo/ . t ,4.00 1° P Reeve • c" . • _111r Amin ratdi/Clerk-Treasurer • 2 Schedule "B" By-Law 96-03 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 "AI"; AND WHEREAS the Licensee wishes to operate a Food Booth for the sale food on a specific area of the said land; AND WHEREAS in consideration of the payment of the sum of monies as described within the context of this agreement 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 the 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 through September of 1996. 4. The Licensee shall pay to the Licensor the sum of Two Thousand Dollars for the term of the lease paid in accordance with Section 15.0 of this agreement. 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 1 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 fulfill 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, cleaning the 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 land 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 he rates as prescribed by by-law. 13. 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 interruption in hydro service resulting form general maintenance or construction projects as scheduled. 14. Either party to this Agreement may at any time terminate this License by giving the other party 30 days written notice of termination. 2 15. This licence is renewable for an additional one year term (1997) upon mutual agreement of the Licensee and Licensor and upon the same terms set out in this agreement excepting payment for the second term shall be in the amount of Two Thousand Two Hundred Dollars. Payment shall be in three equal payments on the following dates of each year; a. immediately upon executing this agreement. b. on or before July 1st c. on or before August 1 In Witness Whereof of the Licensor and Licensee Have Hereunto Set Their Hands and Corporate Seals this 9th Day of April, 1996. • fA9' ` •eeve �� 410 L'41)� A.m istratq/Cleriz-Treasurer Witness .4exci 4i5dinatte J ince Witness orma Vince Witness • 3 G�of PORT 8 THE CORPORATION Of THE VILLAGE OF PORT BURWELL ,, � P.O.Box 10,Port Burwell,Ontario NOJ I TO =!f telephone (519) 874-4343 • fax (519) 874-4948 re.qmiiiii;Tettx4717,4 PORTUS REFUGIUM April 10, 1996 Jack & Norma Vince Box 23 Otter's Edge RR #2 Vienna ON NOJ 1Z0 Dear Jack & Norma Please find enclosed a certified copy of By-Law 96-19 which is a by-law to amend By-Law 96-03, as well as a three signed copies of the agreement between yourselves and the Village of Port Burwell for the operation of a food booth on the East Beach. At your earliest possible convenience please sign and return two copies of the agreement and retain one copy for your records. 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 D. ;. R. Free, CET, AMCT A. inistrator/Clerk-Treasurer Encls. David R.Free,CET,AMCT • Administrator/Clerk-Treasurer The Corporation of the Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell ON NOJ 1T0 BY-LAW 96-20 ( D oa A By-law to provide rules governing the Proceedings of Council, the Conduct of its Members and the calling of Meetings. Whereas Section 102 of the Municipal Act, R.S.O. 1990, as amended, Chapter M.45, provides that every Council may pass by-laws for governing the proceedings of Council, the conduct of its members, and the calling of meetings, and; Whereas, it is deemed advisable to pass this by-law for the above purposes; NOW THEREFORE the Council of the Corporation of the Village of Port Burwell enacts Schedule"A" governing the proceedings of Council and Committees of the Council, the conduct of its members, and the calling of meetings. Read a first and second time this 10th day of December, 1996 Administrator/Clerk- Treasurer Reeve Read a third time and finally passed on this 10th day of December; 1996 Administrator/Clerk-Treasurer ORW Reeve NIL Schedule "A" By-Law 96-20 PART 1 - DEFINITIONS 1. In this by-law: 1.1 "Acting Reeve" means a Councillor who is appointed by the Council Acting Reeve to act in the place of the Reeve in the absence for any cause or incapacity of the Reeve, and who shall exercise all the rights, powers and authority of the Reeve while so acting. 1.2 "Acting Chairman" means a Member of a Committee who is Acting Chairman appointed by the Committee to act in the place of the Committee Chairman when the Chairman is absent from a meeting of the Committee for any cause, and who shall exercise all the rights, powers and authority of the Chairman. 1.3 "Chairman"means a Member of a Committee who is appointed by the Chairman Committee as Chairman. 1.4 "Clerk" means the Clerk of the Corporation of the Village of Port Clerk Burwell. 1.5 "Committee" means a committee of Council but does not include Committee Committee of the Whole. 1.6 "Committee of the Whole" means a committee of Council composed Committee of of all of the Members present at a meeting of Council sitting in the Whole Committee. 1.7 "Corporation" means the Corporation of the Village of Port Burwell. Corporation 1.8 "Council" means the Councillors and the Reeve of the Corporation of Council the Village of Port Burwell. 1.9 "Holiday" means holiday as defined in the Interpretation Act, R.S.O. Holiday 1990, as amended; Boxing Day; and any holiday proclaimed by Council as a civic holiday. 1.10 "Reeve" means the Reeve of the Corporation of the Village of Port Reeve 2 Burwell who is the head of the Council and the Chief Executive Officer of the Corporation and who shall preside at all meetings of the Council. 1.11 "Member" means a Member of Council and includes the Reeve. Member 1.12 "Councillor" means a Member of Council representing the Village of Councillor Port Burwell. 1.13 "Consent Agenda" means that part of the Council Agenda containing Consent Agenda the recommendations of the Standing and Special Committees of Council, the Clerk or staff, all of which may he adopted by one motion of the Council, but any of which may be held on the regular agenda of Council, upon the request of a Member. Consent Agenda process also applies to Standing Committees and Special Committees. 1.14 "Mofion to Table" means to suspend further discussion and to shelve Motion to Table for a specified period of time sine die. 1.15 "Motion to Defer" means a motion with or without amendment to Motion to Defer delay consideration of a matter until a specified time or time period; until the happening of a specified event; or until the reception of one or more reports or communications. 1.16 "Motion to Refer" means a motion with or without amendment to Motion to Refer seek consideration by any designated committee, body or official. 1.17 "Motion to Receive" means a motion to acknowledge receipt of an Motion to Receive item, report or recommendation under consideration with no additional action to be taken. 1.18 "Point of Order" means a question by a Member calling attention to Point of Order any departure from the Procedure By-Law or the customary proceedings of the Council. 1.19 "Point of Procedure" means a question directed to the Chairman to Point of Procedure obtain information on a matter of parliamentary procedure or the rules of the Council bearing on the business at hand in order to assist a Member to make an appropriate motion or raise a point of order. • 3 1.20 "Point of Privilege" means a question affecting the rights and Point of Privilege immunities of the Council collectively or the actions and conduct of individual Members of Council in their character as elected representatives. 1.21 "Point of Personal Privilege" means a question concerning a Member Point of Personal of Council where the Member believes that another Member has Privilege spoken disrespectfully towards that Member or the Council. 1.22 "Presiding Officer" means the Reeve or Acting Reeve who is presiding at a meeting of Council. Presiding Officer PART 2 - GENERAL 2.1 The rules and regulations contained in this By-law shall be observed in all proceedings of the Council and shall be the rules and regulations Rules to Apply for the order of business in Council and Committees of Council. 2.2 Meetings of all Committees of Council shall be open to the public, unless otherwise decided by the Committee, and subject to the provisions of this By-law, all persons may address a Committee on any Public Participation item which is on the meeting agenda. 2.3 When any matter relating to proceedings in Council or in Procedure Committees or Committee of the Whole arises which is not covered by a provision of this By-law, the procedure to be followed shall he decided by the Reeve with reference to Robert's Rules of Order. PART 3 - COUNCIL MEETINGS INAUGURAL MEETING 3 The first meeting of a newly elected Council after a regular election shall be held on the first Wednesday in December. The Reeve elect Inaugural Meeting and Muncipal Clerk shall be responsible for the content of the Agenda for the Inaugural Meeting and the arrangements for the Inaugural Proceedings, including the appointment of the officiating clergyman. 4 MEETINGS OF COUNCIL 4 Regular meetings of Council shall be held on the second and fourth Tuesdays of each month in the year after the Inaugural Meeting of Council, except during the months of July and August when meetings Meeting Days of shall be held at the call of the Chair and except when Tuesday is a Council public or civic holiday, in which case the Council shall meet at the same time the next following day, which is not a public or civic holiday, unless otherwise provided by resolution of Council. The date of all regular meetings of Council and the day and time of the regular Committee meetings shall he set at the Inaugural Meeting in the first year of a Council term and no later than November the first in the remaining years of the term. SPECIAL MEETINGS 5 The Reeve may at any time summon a special meeting of the Council and shall summon a special meeting whenever so requested in writing by a majority of the members of the Council in accordance with the Reeve's Special notice provisions of Section 7. Meeting 6 Upon receipt of a petition signed by a majority of the Members of Council, the Clerk shall summon a special meeting for the purpose and at the time mentioned in the petition. Council Petition 7 The notice calling a special meeting of the Council shall state the business to be considered at the special meeting and no business other than that stated in the notice shall be considered at that meeting. Notice of Special Twenty-four hours notice shall be necessary for all special meetings of Meeting Council. This notice may be waived with the concurrence of two- thirds of the members of Council. 8 Special Meetings shall be open to the public or closed when, as in the opinion of the Council, expressed by Resolution, in writing, the public interest requires. Open or Closed Special Meeting 5 9 Where the business to be considered at a special meeting is business Public Notice of which any person has asked by written notice to the Clerk, to be of Special Meeting given notice, the Clerk or the Clerk's designate shall use their best efforts to provide them with notice of the special meeting by telephone or by notice in writing. ACTING REEVE 10 At the Inaugural meeting of Council, Council by by-law shall appoint Acting Reeve a Member or Members as Acting Reeve for a duration at the Appointment discretion of Council. 11 In the absence or inability of the Reeve or Acting Reeve to act, Absence of Acting Council, by a majority vote, may appoint any other Member to act as Reeve Acting Reeve. 12 The Acting Reeve shall exercise all the rights, powers and authority Duties of Acting and shall assume the responsibility of the head of Council and shall Reeve be entitled to vote as a Member. QUORUM OF COUNCIL 13 As soon after the time fixed for the meeting as there is a quorum, the Quorum Requirement Reeve shall take the chair and call the Members to order. A majority of the Members of Council shall constitute a quorum. 14 If there is no quorum present within half an hour after the time Time Limit for appointed for the meeting, the Clerk shall call the roll and record the Quorum names of the Members present and the meeting shall be adjourned until the next regular meeting, unless a special meeting is called for that purpose in the meantime. 15 If after the commencement of any meeting the number of Members Loss of Quorum is reduced to less than a quorum, subject to the provisions of the Municipal Conflict of Interest Act, the Clerk shall call the roll and record the names of the Members then present and the meeting shall be adjourned until the next regular meeting day. 6 COMMENCEMENT OF A COUNCIL MEETING Time of Council 16 Regular meetings of Council shall commence at 7:00 p.m., recess at Meeting 8:30 p.m. and reconvene at 9:45 p.m. If the meeting continues until 11:00 p.m., Council shall recess at 11:00 p.m. and reconvene at 10:00 a.m. on the Thursday. If the meeting on Thursday continues until 6:00 p.m. Council shall recess at 6:00 p.m. and reconvene at a date and time to be determined by Council. This rule or any part of it may be waived on the affirmative vote of at least two- thirds of the members of Council present and voting. 17 if the Reeve does not attend within fifteen minutes after the time 15 Minute Rule appointed, the Acting Reeve shall call the Members to order and, if a quorum is present, shall preside during the meeting or until the arrival of the Reeve. PART 4 - AGENDA 18 The Clerk shall have prepared and printed for the use of Members at Agenda Items the regular meetings of Council an agenda under the following headings: (1) Roll Call (2) Conflicts of Interest (3) Confirmations of Minutes (4) Business Arising from Minutes (5) Presentations (6) Delegations (7) Petitions (8) Communications (9) Committee Reports (10) Consideration of Reports of the Committees (11) By-laws (12) Review of Accounts Payable & Financial Reporting (13) New Business (14) Old Business • 7 (16) Adjournment 19 At each regular meeting of the Council, the minutes of the preceding Adoption of Minutes meeting shall, unless otherwise decided by the Council, be submitted for confirmation and, after they have received approval of the majority of the Members present, shall be signed by the Reeve and confirmed by the Clerk. 20 The minutes may be adopted by Council without having been read at Reading Waived the meeting considering the question of their adoption. 21 All items not dealt with on a Council agenda shall be dealt with as the Unfinished Business first item of business and listed after"Enquiries and Answers Thereto" as unfinished business on the agenda of the next regular meeting of Council. The unfinished items shall be listed in the same order as on the previous agenda. 22 The reports of Committees of Council shall be distributed to the Reports of Members with the agenda except as otherwise provided by Council. Committees 23 The agenda for all special meetings of Council shall be prepared and Agenda Order printed as the Reeve or Acting Reeve may direct. The business for all regular and special meetings of Council shall be taken up in the order in which it appears on the agenda, unless otherwise decided by majority decision of Council. PART 5 - DUTIES OF PRESIDING OFFICER 24 It shall be the duty of the Presiding Officer Duties of Presiding Officer a) to open meetings of Council by taking the chair and calling the meeting to order; b) to receive and submit, in the proper manner, all written motions presented by Members; 8 c) to put to a vote all questions which are regularly moved and seconded or necessarily arise in the course of proceedings, and to announce the result; d) to determine what motions or amendments are in order, subject to an appeal to Council and to decline to put any motions or amendments before Council which are deemed to be out of order; e) to follow the Rules of Procedure and keep the Members, when engaged in debate, within the Rules of Procedure; f) to observe and enforce order and decorum in the Council Chambers; g) to call by name any Member persisting in a breach of the Rules of Procedure and subject to a majority vote of the Members present, order the Member to vacate the Council Chambers or not recognize that Member except for the purpose of receiving an apology; h) to receive all messages and other added items or reports and announce them to the Council; i) to authenticate by signature, when necessary, all by-laws, resolutions and minutes of Council; j) to advise Council with respect to Points of Order; k) to select Members who are to serve on Committees when directed to do so by resolution of the Council or a Rule or Procedure; 1) to represent and support Council, declaring its will and implicitly obeying its decisions in all things; m) if considered necessary because of grave disorder, to adjourn the meeting without question or to suspend the meeting for a specified time. n) to require a recorded vote to be taken on any question upon 9 • the request of a Member if that request is made prior to commencement of voting or immediately after voting. PART 6 - PUBLIC AT COUNCIL MEETINGS 25 Council meetings shall be open to the public and no persons shall be Open Public Council excluded except for improper conduct. Meetings 26 Members of the public present in the Council chambers during a Public Conduct Council meeting: (a) may not address Council without permission of the Council; and (b) shall maintain order and quiet. (c) In the interest of public safety, certain items such as placards, signs and similar devises on stakes shall not be permitted in the Council Chamber. 27 The Presiding Officer at any meeting may expel any member of the Public Disturbances public who creates a disturbance or acts improperly and if necessary shall direct the Clerk to seek appropriate assistance from the Ontario Provinical Police. PART 7 - DEPUTATIONS 28 All persons entitled by Statute to be heard or persons invited by notice, authorized by Council, shall be allowed to address the Council Motion to Hear except as provided in section 29. 29 After a deputation has been heard at a Committee if that Committee feels that a further hearing by the Council is warranted, it may so Further Hearing at recommend, and the Council shall determine the time and date of the Council further hearing. 30 Persons addressing the Council shall be limited in speaking to no more than 10 minutes. Deputations shall be limited to two speakers Ten Minute Time of the same interest in the matter. Limit 10 31 All persons shall be heard initially by the appropriate Committee. A Deputations at written request stating the nature of the business shall be submitted Committee to the Clerk prior the printing of the agenda for the meeting at which the matter will be discussed. The clerk may, prior to placing the matter on an agenda, refer it to the appropriate Department Head for a report. Persons addressing a Committee shall confine their remarks to the stated business. A committee may hear any person at its discretion regarding any agenda item. PART 8 - PROCEEDINGS IN COMMITTEE OF THE WHOLE 32 (1) Whenever the Council resolves into Committee of the Whole, Chairman of the Reeve or other Member presiding at the meeting may Committee continue as Chairman of the Committee of the Whole. of the Whole (2) The Chairman of the Committee of the Whole may appoint another Member of the Committee to act as the Chairman of the Committee while speaking to a question or while Duties of Chairman of temporarily absent from the meeting. Committee of the Whole (3) The majority of the Members of Council shall constitute a quorum of Committee of the Whole. 33 (1) The Chairman of the Committee of the Whole shall maintain order in the Committee and report the proceedings to the Council. Committee of the Whole Procedure (2) The Chairman of the Committee of the Whole shall have all the powers and duties of the Reeve. 34 The rules governing the procedure of the Council and the conduct of Members in Council shall be observed in Committee of the Whole so far as they are applicable, provided that: (1) a motion shall not be required to be seconded; (2) no vote shall be recorded; 11 (3) no Member shall spealekas morekthan once until every Member who to speak spoen; (4) no Member shall speak on any question more than twice. 35 The Chairman of the Committee of the Whole shall be entitled to one vote as a Member of the Committee but shall not be entitled to a second or casting vote in the event of a equality of votes, and if there is an equality of votes on any motion, it shall be deemed to be lost. 36 (1) A motion in Committee of the Whole: (a) to rise and report, shall be decided without debate; Rise and Report (b) to rise without reporting, shall always be in order and Rise Without shall take precedence over any other motion and if Reporting carried, the subject referred to the committee shall be deemed to have been disposed of in the negative, subject however to its reconsideration as provided by • Section 66. (2) After Committee of the Whole has proceeded in accordance with subsection(1)(a) or(b) above, the Reeve shall resume the Chair in Council and proceed with the next order of business. PART 9 - COMMITTEE OF THE WHOLE IN CAMERA 37 (1) Council may resolve into Committee of the Whole, in camera, Subject Matter if the subject matter being considered relates to: j Discretionary (i) The security of the property of the Corporation or any local board; (ii) A proposed or pending acquisition of real property for municipal or local board purposes: (iii) Labour relations or personnel matters; (iv) Litigation or potential litigation affecting the 12 Corporation or a local board; (v) To receive legal advice from the Municipal Solicitor; (vi) Matters under the Municipal Boundary Negotiations Act, or annexation of unorganized territory, or (vii) Any other matter which Council, with the consent of not less than two-thirds (2/3) of all members present, expressed by resolution, determines should be dealt with in Committee of the Whole and only if closing the meeting to the public complies with all statutory provisions in effect at that time. (2) Council shall resolve into a meeting of Committee of the Subject Matter Whole, in camera, if the subject matter being considered Mandatory relates to personal matters about an identifiable individual,' including employees of the Corporation or a local board, or any other matter not permitted to be disclosed pursuant to the Municipal Freedom of Information and Protection of Privacy Act. PART 10 - CONSENT AGENDA 38 All or several items on the agenda for a regular meeting of Council Consent Agenda (other than Council Public Meetings), containing recommendations Review from the Clerk, Committees, or staff may be adopted in a single motion of Council, but any of these items will be transferred to the regular agenda for consideration and debate upon the request of any Member. PART 11 - RULES OF DEBATE IN COUNCIL 39 The Reeve shall vote with the other Members on all questions, except Equality of Votes when prohibited from voting by statute. Any questions on which there is an equality of votes shall be deemed to be decided in the negative. 40 The Reeve may take part in any debate without leaving the Chair. If 13 the Reeve desires to introduce a motion or by-law, the Reeve shall Reeve Leaves Chair leave the Chair for that purpose and shall call on another member of the Council to assume the Chair until the Reeve resumes the Chair. 41 Prior to speaking to any question or motion Members shall receive permission from the Reeve and shall stand and address the Reeve when speaking. Address the Reeve 42 When speaking to any question or motion Members shall respectfully address the Reeve or other presiding officer. A Member shall rise in their place to speak when recognized by the Reeve. Members shall Member Rules of only debate the matter under consideration by Council, shall maintain Debate a courteous tone, shall not inject any personal notes, shall refer to others by title, and shall make no allusion as to the motives of any Member. 43 When two or more Members rise simultaneously to speak, the Reeve Reeve Designates shall designate the Member who has the floor. Speaker 44 When a Member is speaking, no other Member shall pass between No Interruption that Member and the Chairman, or interrupt or disturb the Member speaking, except to raise a Point of Order or question of Privilege. 45 Any Member may require the question or motion under discussion to Reading of Motion be read at any time during the debate, but not so as to interrupt another Member while speaking. 46 No Member shall speak more than once to the same question without Member Speak Once leave of the Council. 47 No Member shall speak to the same question, or in reply, for longer Speak 5 Minutes than five minutes. With the leave of Council, one extension of five minutes may he granted. 48 Questions may be asked only when a Member's appointed time to Questions speak arises and shall be limited to five minutes duration. 48(1) A Member may ask a question only for the purpose of obtaining relevant facts necessary for a clear understanding of 14 the matter under discussion. 48(2) All questions shall be stated succinctly and questions shall not be used as a means of making statements or assertions. 48(3) Questions may be asked only (a) of a previous speaker, (b) of the Reeve, and (c) of an official of the Municipality of the Chairman of a Standing Committee. Access to Members 49 No person, except Members and officers of the Council, shall be and Officers allowed to come within the bar during the sittings of the Council without permission of the Reeve or the Council. • PART 12 - CONDUCT OF MEMBERS 50 No member shall: Member Rules of (1) disturb Council or any other Member by any disorderly Conduct conduct; (2) use offensive words or insulting language referring to Council, any Member, any official of the Municipality or any member of the public; Members' (3) resist the rules of Council, or disobey the decision of the Disobedience Presiding Officer or of the Council on questions of order or practice or upon the interpretation of the rules of procedure; and if a Member persists in any such disobedience after being called to order by the Chairman, the Chairman shall immediately: (a) put the question, no amendment, adjournment or debate being allowed, "that such Member be ordered to leave their seat for the duration of the meeting," but if the Member apologizes and the apology is accepted • 15 by Council, the Member shall be permitted to retake their seat. Speak Disrespectfully (4) speak disrespectfully of any government official; Criticize Decision (5) criticize any decision of the Council except for the purpose of of Council moving, in accordance with the provisions of Section 74 that the question be reconsidered; (6) Speak on any subject other than the subject under debate; Smoking and Eating (7) smoke or eat in the Meeting Hall or Committee Room where the meeting is being held. Disclosure of (8) disclose personal information about an identifiable Information individual(s) or any other information not permitted to be disclosed pursuant to the Municipal Freedom of Information and Protection of Privacy Act. Call for Vote 51 When the Reeve calls for the vote on a question, each Member shall occupy their seat and shall remain silent there until the result of the vote has been declared by the Reeve. Recorded Vote 52 If a Member who has voted on a question disagrees with the declaration of the Reeve that the question is carried, or lost, they may, but only immediately after the declaration by the Reeve, object to the Reeve's declaration and require a recorded vote to be taken in the manner prescribed in Section 53 of this By-law. 53 When a recorded vote is requested by a Member or is otherwise required, the Reeve shall direct Members of Council to record their vote and the Clerk shall report the result of the vote to the Reeve. 54 Except when prohibited by statute, in which case it shall be so Negative Vote recorded, a Member of the Council, seated in their designated seat, who does not vote when a question is put, shall be deemed to have voted in the negative. 55 (1) The following matters may be introduced orally without Oral Notice written notice: 16 (a) a point of order or personal privilege; (b) a motion to suspend a rule of procedure or in compliance with a rule or procedure; (c) a motion to adjourn (not debatable); (d) a motion that the vote be now taken; (call the question) (e) a motion that the Council resolve into Committee of the Whole (not debatable). (2) Except as provided in subsection (1) above, all motions and notices of motion shall be in writing. 56 (1) When a Member rises to a point of order, they shall ask leave of the Reeve and after leave is granted, shall state the point of order to the Reeve and sit down and remain seated until the Point of Order Reeve has stated and decided the point of order. (2) Once the Reeve has decided a Point of Order, a Member shall only address the Cha i Council from the Rrmaneeve's d forecision.the purpose of appealing to the (3) If no Member appeals, the decision of the Reeve shall be final. (4) The Council, if appealed to, shall decide the question without debate and its decision shall be final. 57 Where a Member considers that their integrity or the integrity of the Council has been impugned, they may, as a matter of personal privilege or privilege, rise at any time, with the consent of the Reeve, for the purpose of drawing the attention of the Council to the matter. Privilege PART 13 - AGENDA IN COUNCIL 58 No Member shall present any matter to the Council for its consideration unless: (1) the matter appears on the agenda for that meeting of Council, or Agenda Items (2) leave is granted to present the matter in accordance with the 17 provisions of Section 61, or (3) it is in accordance with the provisions of Section 74 hereof. 59 (1) Notices of Motion shall he in writing, signed by the mover and seconder, and shall be received by the Clerk at any time and if received not less than two clear working days preceding the next regular meeting of Council, shall be printed in full in Notice of Motion the agenda for that meeting of Council and each succeeding meeting until the motion is considered or otherwise disposed of. (2) (a) When a Member's Notice of Motion, which is listed on an agenda for the first time, is called from the Chair, the Member, upon request, is entitled to have consideration of the Motion deferred to the next regular meeting. When a Member's Notice of Motion has been called from the Chair on two successive meetings, and not proceeded with, it shall he dropped from the agenda of the next meeting unless Council decides that it shall be placed at the foot of the list of motions on that agenda. (b) if at the next meeting, the Notice of Motion is called from the Chair and not proceeded with, it shall be deemed to have been withdrawn. (c) A Notice of Motion can only be withdrawn by the mover of the motion with the consent of Council. 60 (1) Enquiries shall be clear and concise, shall be in writing and Enquiries copies shall be provided for each member of Council and shall be read and presented to the Reeve without comment. The Reeve may answer the enquiry verbally or in writing, call upon a Member or staff to answer the enquiry verbally or refer the enquiry to the appropriate person for a written answer, which when received by the Clerk shall he printed with the next regular Council agenda. (2) Notwithstanding Section 60(1), if in the opinion of the Commissioner or other official involved, the answer to an 18 enquiry would require the compilation of special statistics or other work outside the normal duties of the staff, they shall so advise the Council in a letter to be put before the Council with the enquiry and the Council shall determine if the enquiry is to be answered. PART 14 - MOTIONS AND ORDER OF PUTTING QUESTIONS IN COUNCIL 61 Any motion may be introduced dealing with a matter not on the Item not on Agenda agenda for the meeting without notice if the Council, without debate, dispenses with notice on the affirmative vote of at least two-thirds of the Members present and voting. 62 All motions shall be seconded before being debated or put from the Motion to be Chair. When a motion is seconded, it shall be read or stated by the Seconded Reeve before debate. 63 Whenever the Reeve is of the opinion that a motion is contrary to the Contrary Motion rules and privileges of the Council, the Reeve shall apprise the Members immediately before putting the question, and shall cite the rule or authority applicable to the case without argument or comment. 64 A motion in respect to a matter which is beyond the jurisdiction of the Council shall not be in order except where, in the opinion of the Motion Outside majority of Council, the question to be decided without debate, has to Council Jurisdiction do with the general welfare of the citizens. 65 After a motion is read or stated by the Reeve, it shall be deemed to be in possession of the Council, but may, with the permission of the Withdrawal of Motion Council, be withdrawn by the mover of the motion at any time before decision or amendment. 66 When a motion is under debate, no motion shall be received other than a motion to amend, to defer, to refer, to table, to call the Acceptable Motions question or to adjourn the meeting. 67 (1) A motion to adjourn shall be decided without debate and shall Motion to Adjourn always he in order except: 19 (a) when another Member is in possession of the floor; (b) when a recorded vote has been called; (c) when the Members are voting; (d) when it has been decided that the vote be now taken; (e) when a Member has indicated to the Reeve their desire to speak on the matter before the Council. (2) A motion to adjourn the meeting cannot be amended and is not open to debate, but a motion to adjourn the meeting to a given clay or time may be amended and is open to debate as to the day and time to which the meeting is being adjourned. 68 (1) A motion to call the question shall take precedence over any other motion except a motion to adjourn the meeting and Motion to Call shall be put immediately without amendment or debate. the Question (2) A motion to call the question shall not be received in any Committee. (3) A motion to call the question requires the affirmative vote of two-thirds of the Members present and voting to carry. (4) If a motion to call the question is resolved in the affirmative by two-thirds of the Members present and voting at the meeting, the motion under question, together with all proposed amendments previously made, shall be put immediately by the Reeve without debate. (5) After a question is finally put by the Reeve, no member shall speak to the question, nor shall any other motion he made until after the result of the vote has been declared. 69 (1) A motion to table, defer or refer a matter shall he presented in writing and can he debated and/or amended and then shall be Motion to Table, put immediately by the Chairman. Defer or Refer (2) If this motion is resolved in the affirmative, the motion under question, together with all amendments previously made, shall be carried forward to the date and time of meeting stated. 70 (1) A motion to amend shall be presented in writing. 20 (2) An amendment shall not be directly contrary to the main Motion to Amend motion. (3) An amendment shall relate to the subject matter of the main motion. (4) Only one amendment shall be allowed to an amendment. (5) Only one amendment at a time shall he presented to the main motion. 71 (1) A motion to receive and file shall be presented in writing and Motion to Receive can be debated. 72 When a vote is taken, the order of the vote shall be as follows: Order of Vote (1) to table; (2) to defer; (3) to refer; (4) to receive and file; (5) upon the amendments in reverse order of presentation, dealing with an amendment to an amendment immediately before the amendment it proposes to amend; (6) then, upon the motion or upon the motion as amended, if any amendments have been carried; 73 When the question under consideration contains distinct Separate Proposition propositions, upon the request of any Member, the vote upon each Votes proposition shall be taken separately. PART 15 - RECONSIDERATION OF COUNCIL DECISIONS 74 (1) After any question has been decided, any Member who voted Reconsideration with the majority may either move for a reconsideration at the Motion same meeting or give notice for a reconsideration of the matter at a subsequent meeting or, where a two-thirds vote was required, any Member who voted for the decision of Council, may either move for a reconsideration at the same 21 meeting or give notice for a reconsideration of the matter at a subsequent meeting. (2) No discussion of the main question shall be allowed until the motion for reconsideration is carried and no question shall be reconsidered more than once at the same meeting. (3) A question may he reconsidered only once more in the same calendar year. PART 16 - PETITIONS 75 Every petition intended to be presented to the Council must he legibly Written Petition to written or printed, signed by at least one person and where possible Clerk contain the printed name and address of all signatories. All petitions and communications must be forwarded to the Municipal Clerk for processing. 76 All petitions shall be presented to the Council by the Clerk after the Clerk has first examined the petition to ensure that it does not contain any improper matter and that it is respectful and temperate in its language. The petition shall bear the name of the applicants and the substance of the application. 77 All petitions listed on the agenda on any subject shall be received and Petitions Listed shall be referred to the appropriate Committee of the Council by the on Agenda Clerk. No member shall speak upon, nor shall debate be allowed upon a petition to the Council until a report has been made by the Committee of the Council to which it was referred. PART 17 - COMMUNICATIONS 78 (1) Every communication intended to be presented to the Council Written must he legibly written or printed and signed by at least one Communication person and, where possible, contain the printed name and to Clerk address of all signatories. All communications must be forwarded to the Municipal Clerk for processing. (2) All communications which are a request for reconsideration Communications 22 • • on the part of Council in respect of matters previously decided listed on the by Council shall be presented to the Council by the Clerk after Agenda the Clerk first examines the communication to ensure that it does not contain any improper matter and that it is respectful and temperate in its language. (3) All communications listed on the agenda for reconsideration shall be received unless a motion for reconsideration is moved by an eligible Member present in accordance with the provisions of Section 75 of this by-law. (4) No member shall speak upon, nor shall debate be allowed upon a communication to the Council until a motion for reconsideration of the matter is carried. PART 18 - MINUTES OF THE COUNCIL 79 There shall be attached to every minute of the proceedings of the Council Minutes Council a progressive marginal number in each year. PART 19 - READING OF BY-LAWS 80 By-laws shall be introduced by a motion for leave specifying the bills Introduce By-laws listed on the agenda, which motion shall be decided without amendment or debate. 81 (1) The question, "that the by-laws on the Agenda shall be taken First and Second as read a first and second time and approved", shall be decided Reading without amendment or debate. (2) The Council may require that a by-law be read in full or in part with the consent of two-thirds of the Members of Council present and voting. 82 Unless prohibited by statute, the third reading of any by-law may be Third Reading on the same day as the first and second readings. 83 The question, "shall this by-law or these by-laws be taken as read a third time and passed", shall be put by the Reeve and upon an • 23 • affirmative vote, the by-law(s) shall be signed by the Reeve and the Clerk. Amendments 84 All amendments to any by-law approved by the Council shall be deemed to be incorporated into the by-law and if the by-law is enacted and passed by the Council, the amendments shall be inserted by the Clerk. 85 The Clerk shallendorse on all by-laws read in the Council the dates of the several readings, and shall be responsible for the correctness of the by-laws should they be amended. 86 Upon completion of the business of the day or immediately prior to Confirmatory By-law adjournment or at any other time deemed appropriate, Council shall, upon leave to introduce, consider a confirmatory bill and, notwithstanding Section 81, this hill shall be read a third time on the same day as the first and second readings and passed with an affirmative vote of a majority of the Members no debate or amendment permitted. 87 All by-laws adopted by the Council shall be printed, paged and safely filed in accordance to the Municipal Records Management Systems. PART 20 - APPOINTMENT AND ORGANIZATION OF COMMITTEES 88 In the first year of a new term, Council shall, at its first meeting, or Standing Committees as soon as practical, appoint the Standing Committees of Council. In subsequent years in the same term, these appointments shall be made so that the Committees of Council are constituted and are able to hold regular meetings no later than November the first in each year. The Standing Committees of Council shall be: (1) Museum Committee; (2) Committee of Adjustment (3) Recreation, Parks Committee; (4) Harbour Committee; (5) Roads Committee; (6) Events Composition of 89 (1) The Committees of Council, shall be composed of seven Committees • 24 Members as follows: Seven Members 1 Councillor Reeve Ex Officio Four Members of these Committees shall constitute a quorum. Boards and Committees 90 In the first year of a new term, Council shall, at the first meeting of Council or as soon as practical, appoint the Members to the local Board of Health and the representative or representatives to other Boards, bodies or Commissions on which the Council may currently or in the future be entitled to representation and who would require to be appointed. These appointments shall be made so that these Boards, bodies or Commissions are constituted and able to hold regular meetings at the beginning of the first month of the next year • in the term. Election of Chairman 91 The Members of all Standing and Special Committees shall, at their first meeting, elect one of their Members as Chairman. The Members of all Standing and Special Committees shall also, at their first meeting, elect another Member as Vice Chainnan. Rotation of Members 92 In subsequent years in the same term, appointments to Standing Committees and election of the Chairman shall be rotated among all Members of Council as far as Council deems practicable. Committee Quorum 93 A quorum of any Committee of Council shall be a majority of its Members, unless otherwise decided by Council. 94 The Reeve is by virtue of that office a Member of all Standing and Reeve Member Special Committees of Council. 95 A Special Committee may be appointed at any time by the Council Special Committee after notice has been given at a previous meeting of Council specifying Appointment the matters to be dealt with by the Committee. This notice may be waived by a two-thirds vote of the Members present. 96 Special meetings of Standing Committees may be called by the Standing Committee 25 Chairman whenever the Chairman considers it necessary to do so; and Special Meetings it shall be the duty of the Chairman, or, in case of the Chairman's illness or absence, it shall he the duty of the Clerk to summon a special meeting of the Committee whenever requested in writing to do so by a majority of the Members composing the Committee. 97 The meetings of any of the Committees of the Council may be attended by other Members of the Council and these Members may Non-Committee take part in any discussion or debate, but shall not be allowed to vote. Members-No Vote 98 (1) The business of the Standing and Special Committees shall be conducted under the rules governing procedure in Committee of the Whole as prescribed by this By-law. Committee Rules of Procedure (2) When a Point of Order is raised or when a Member is called to order in a Committee, the same procedure shall be adopted as in Council except that the question shall he decided by the Committee Chairman, subject to an appeal to the Members of the Committee. 99 (1) The Committee Chairman, or in the Chairman's absence, the Acting Chairman shall preside at every meeting and shall vote Role of Committee on all questions submitted and in case of a division, the Chairman Committee Chairman shall not have an extra or casting vote and the question shall be deemed to have been decided in the negative. (2) In the absence of the Committee Chairman for a period of fifteen minutes after the time fixed for the meeting, if there ActingChairman is a quorum present, the Vice-Chairman shall preside, and shall discharge the duties of the Committee Chairman during the meeting or until the arrival of the Chairman. If there is no quorum present thirty minutes after the time appointed for the meeting, the meeting shall be adjourned at the call of the Chairman. (3) The Chairman, or Acting Chairman, shall sign all orders and documents which the Committee may legally adopt. PART 21 - DUTIES OF THE MUNICIPAL CLERK 26 100 It shall be the duty of the Clerk to carry out and perform all the duties and powers conferred or imposed on the Clerk under the provisions of Duties of Municipal The Municipal Act and any other Act including: Clerk (a) to truly record in a book, without note or comment, all resolutions, decisions and other proceedings of the Council; (b) to keep the books, records and accounts of the Council; (c) to preserve and file all accounts acted upon by the Council; (d) to keep in the Clerk's office or in the place appointed for that purpose the originals of all by-laws and of all minutes of the proceedings of Council and all Standing Committees; (e) to record in the minutes of the meeting of Council every disclosure of interest made by a member of Council as required by the provisions of the Municipal Conflict of Interest Act, R.S.O. 1990, Chapter M.50 as amended; (f) to deliver all notices and agendas for regular and special Council meetings to the Reeve and Councillor's individual offices in the Municipal Offices. (g) to review with the Committee Chairman and the relevant Department Head the Committee agenda and the scheduling of deputations. 101 The minutes of the transactions of every Committee shall be Committee Minutes accurately entered in a book to be provided for that purpose. At each meeting, the Minutes of the preceding meeting shall be submitted for confirmation or amendment, and after they have received the approval of the majority of the Members present, shall be signed by the Chairman. 102 The Clerk, Deputy Clerk, or his/her designate shall be the Secretary Committee Secretary of all Committees of the Council and may assign the duties of Duties Secretary of any Committee to an employee. It shall be the duty of the Secretary of every Committee: 27 (1) To cause notice of each regular and special meeting of the Committee, together with the agenda and all matters so far as are known that are to be brought before the Committee at that meeting, to be sent to each Member of the Committee. (2) To ensure that each Member receives the agenda at least on the day preceding the meeting of the Committee. The Reeve and the Heads of the various Departments shall also be notified of that meeting. (3) To attend all meetings of the Committee and to record the Minutes, orders and requests of the meetings. (4) To notify appropriate Municipal Officials of any orders made by the Committee which are to be acted or reported upon, without the orders of the Council. RECREATION, PARKS AND CULTURE COMMITTEE ,\ 106 The duties of the Recreation & Parks Committee shall be to study Recreation & Parks and report to Council as determined by By-Law Committee Duties (1) matters relating to the operation of the Recreation & Parks Department and the associated buildings and lands including recreational and instructional programs, sports activities, cultural activities, citizen activities and all matters concerning the development and operation of parks, recreational areas, playgrounds, athletic fields, arenas, auditoriums, community centres, swimming pools, tennis courts, stadia, museums, and other facilities under the jurisdiction of the Recreation & Parks Department; (2) to prepare annually, prior to February 15, a proposed budget of all proposed current expenditures and revenue by the Recreation & Parks Department and to submit the proposed budget to the Treasurer or his designate for its consideration; (3) to prepare annually, prior to February 15, a budget-of all 28 proposed capital expenditures for the current year by Recreation, Parks and Culture Department and to submit the proposed budget to the Treasurer or his designate for its consideration; (4) to report upon the request of the Council, revisions affecting all Recreation and Parks Department expenditures in the five- year Capital Works Program. (5) to review and report to Council on all matters relating to social service development in the Village of Port Burwell including: (a) the review and formulation of policies to address present standards and funding levels of social community services in Village of Port Burwell, recognizing existing jurisdictional mandates; ROADS COMMITTEE 107 The duties of the Roads Committee shall be to study and report to Council on all matters relating to services performed by the Transportation Department as determined by By-Law. MUSEUM ADVISORY COMMITTEE 108 The duties of the Museum Committee shall be to study and report to Council on all matters relating to services performed as determined by By-Law. HARBOUR ADVISORY COMMITTEE 109 The duties of the Harbour Committee shall he to study and report to Council on all matters relating to services performed as determined by By-Law. COMMITTEE OF ADJUSTMENTS 110 The duties of the Committee of Adjustements shall be to study and report to Council on all matters relating to services performed as determined by By-Law. 29 4 .., PART 23 -AMENDMENTS 111 No amendments or repeal of this by-law shall be considered at any meeting of the Council unless notice of the proposed amendment or repeal was given at a previous regular meeting of the Council and the Council may not waive this notice. 30 CfTY OF SCARBOROUGH W.D. Westwater 150 Borough Drive Barbara A. McEwan Scarborough. Ontario De.-.7.. Canada MI P 4N7 Fax No. (416)396-4301 January 18, 1996 Mr. David R. Free, CET, AMCT(A) Administrator/Clerk-Treasurer The Corporation of the Village of Burwell P.O. Box 10 Port Burwell ON NOJ ITO re: Procedure By-law Dear David: As requested, I am enclosing a disk copy of our Procedure By-law, as well as an up-to-date version in hard copy. As I mentioned to you when we spoke a couple of weeks ago, the disk copy is not up-to-date because any revisions that have been made to it are done directly by the typesetter for our Procedure By-law. I hope you find this information useful. Yours truly, a1 #t 4 ( Ba Fara A. McEwan Deputy City Clerk 0. PORT 84 • BAM/mm F (Enol) 23 WS • LPcstrus n=CC N CE• I :L��\PWER CONTAC. c POST-CONSt-MER RECYCLED FRES APR-14-94 09 .49 FROM= TOWN OF TILLSONBURG ID, 5198429431 PAGE 2 • THE COW PORA-I'ION OF 'CIIB TOWN OF TILLSONBURG PROCEDURAL BY-LAW [ 2 6 6 I : 11115 A By-Law to govern the proceedings of Council, and the appointed Committees thereof. INTERPRETATIQ1JS Interpretations 1 . In this By-Law: (a) 'The Town' means the Municipal Corporation of the Town of Tillsonburg; (b) 'Council" means the Council of the Town; (c) 'Mayor means the Head of the Council ; (d) 'Member• means a Member of the Council or of a Committee; (e) 'Committee' means any Standing Committee, Advisory f ' Committee, Commission or Board of which all members are appointed. (f) 'Committee Chairperson' means Chairperson of a Standing or Special Committee of the Council or of a Board or Committee appointed by Council ; (g) •Clerk' means the Clerk of the Town; (h) andcovote foevery mmember eans hvoting e ronllany g f name question; (i) 'Substantive Motion• means any motion except one • of the following: (i) to refer; (ii) to amend; (iii) to lay on the table; (iv) to postpone indefinitely or to a day certain; (v) to adjourn; PR-14-94 09.49 FROM. TOWN OF TILLSONBURG IDS 5199429431 PAGE 3 'Committee of the Whole' r.._ans 311 present sitting in Committee; k ) 'Rules of Procedure' means the rules r-gulatior,s prcv..ded ir. this Py -:3w; ( 1) "Quorum' means a majority of the whole number members required to constitute the Council or its :appointed committees . graina Boards and 2 . (1) The rules and regulations contained in this Committees By-Law shall be observed in all proceedings of the Council and shall be the rules and regulations for the order and dispatch c: business in the Council, in Committees, and i:'. Boards and Commissions or other body of the Town thereof . Suspension Rules (2) The rules and regulations contained herein may suspended by a vote of two-thirds of the Council Members present . Roberts Rules of (3) Roberts Rules of Order shall prevail , wher. Order applicable, in all circumstances not covered cy this by-law. Open Meetings 3 . (1) The Public shall not be excluded from any meeting of the Council or from a meeting of a Board or Commission or other body of the Town exceptirc that portion named "Legal and Personnel" as declared by the Mayor or the Committer Chairperson. In Camera (2) The following may be discussed in Camera "Legal and Personnel" (i) Personnel Matters; (ii) Labour Matters; (iii) Property Acquisition, Disposals, Leases; (iv) Advice of Counsel; (v) Insurance Settlements; (vi) Applications under The Municipal Act, R.S.O. 1990, C.M.45, Section 442 for reduction and cancellation of taxes because of extreme illness or poverty . Mayor 4 . The '.ayor shall be ex-officio a member of Standina Ex-Officio Committees of the Council . The Mayor shall be entitled to vote at any meeting. APR-14-94 09: 50 FROM, TOWN OF TILLSONBURG ID: 5]96429431 PAGE 4 Attendance of Council Members .+cunei any and all meetings of Committees appointed by Not Appointed Council , including those portions of :7,:!e; :ngr; held in Camera, but shall not be entitled to vo:e at any such Vacant Scat 6 . 711,7 seat of a Member of Council or o` a Cor.ml tcc`ea shall tie declared vacant if the Member is abt.ier.t from the meetings for three (3) consecutive months withaut being authorized so to do by a resolution of Council . DECjMAT19 4S OF PECUNIARY INTER$ST Declarations of 7 . (1) Subject to the provisions of The Municipal Interest Conflict of Interest Act, where a member, either on his own behalf or while acting for, by, with or through another, has any pecuniary interest, direct of indirect, in any matter and is present at a meeting of the Council or local hoard at which the matter is the subject of consideration, he/she, (a) shall, prior to any consideration of the matter at. the meeting, disclose his/her interest and the general nature thereof; 4 . (b) shall not take part in the discussion of, or vote on any question in respect of the matter; and (c) shall not attempt in any way whether before, during or after the meeting to influence the r . voting on any such question Where Member to (2) Where the meeting referred to in subsection (1) is Leave Closed not open to the public, in addition to complying Meeting with the requirements of that subsection, the member shall forthwith leave the meeting or the part of the meeting during which the matter is under consideration. When Absent from (3) Where the interest of a member has not been Meeting at Which disclosed as required by subsection (1) by reason Matter Considered of his absence from the meeting referred to therein, the member shall disclose his interest and otherwise comply with subsection (1) at the first meeting of the council or local board, as the case may be, attended by him after the meeting referred to in subsection (1) . Disclosure to be (4) Every declaration of interest and the general • • Recorded in Minutes nature thereof made herein shall, where the meeting is open to the public, he recorded in the minutes of the meeting by ch•_ clr:rk oL th•:: municipality or secretary of the committee or local board, as the case may be . 1 . APR-14-94 09. 50 FROM• TOWN OF TILLSONBURG ID, 5196429431 PAGE 5 (5) Every declaration cc ."''a°' made herein, bL:: the general nature of that interest , shall , were the meeting is not open Ine public, be reczrd: in the minutes of the r.ex: meeting that is open to the public. PROCEEDINGS OF COUNCIL, MEETINGS Inaugural 8 . (1) The Inaugural Meeting of Council shall be held or. Meeting the first Monday of December at 7:30 P.M. or on such day in December prior to the first Monday and at such hour as may be set by the previous Council. (2) Beginning at the first meeting of Council, the order or procedure shall be as follows : (a) Filing of Certificates and Declarations of Office in accordance with the Act; (b) Appointment of Standing Committees and Committee Chairpersons. Schedule of 9. (1) place - Meetings of the Council shall be held at Regular Mcetings the Council Chambers or place adopted and used by the Council from time to time for such purpose. (2) ReQular Meetingl - Shall be held at the hour of 7: 30 P.M. on the second and fourth Monday and the Tuesday following the second Monday each month, excluding statutory holidays unless otherwise designated by resolution of the Council . Calling of (3) The mayor may at any time summon a special meeting Special Meetings of the Council and shall summon a special meeting of Council of the Council when requested to do so in writing by a majority of the me.:.bers. In the absence of the Mayor, a special meeting may be called by the Clerk on a requisition from the majority of the members of the Council . Calling of 10. As soon after the hour fixed for the holding of the Meeting to Order meeting of the Council as a quorum is present, the Mayor shall take the Chair and call the meeting to order. Absence of 11. In case of the Mayor does not attend within fifteen Mayor (15) minutes after the time appointed for a meeting of the Council, the Clerk shall call the members to order and the Council Members by resolution shall appoint an Acting Mayor from among the Members present who shall preside until the arrival of the Mayor. While so presiding, the Acting Mayor so appointed shall have all the powers of the Mayor. APR-14-94 O9 = 51 FROM= TOWN OF TILLSONBURG ID= 519e429431 PAGE 6 Lack of : : _ p:> :.. : hcL:: Quorum ac.<<'in...ed for a meeting of Council, the Clerk shall the names cf the Members present and the mcf.•r.ing shall stand adjourned until the day cf the rgular or special meet :.g . TANQIN9 COMMITTEES Appointment of 13 . (1) The Council Members shall indicate in writing Standing prior to the Inaugural Meeting of Council their Committees preferences for Standing Committees as well as Council representation on Police Services Board and other Boards and Commissions . The Mayor will then, having taken these preferences into account, submit to Council the recommendations on the membership, Chairmanship and Vice-Chairmanship for the Standing Committees and Council representation on Police Services Board and other Boards and Commissions for Council' s consideration. Lay Committee (2) Where lay members are required to serve on any Positions Board, Commission or other body, Council shall advertise the positions in the local media prior to making the appropriate appointments. Standing 14 . (1 ) The Standing Committees of Council and their Committee:: constitution and duties shall be as follows : Finance & (a) The Committee of Finance and Administration Administration shall be composed of the Mayor and four members of the Council . The Committee of Finance and Administration shall : (i) Provide Council with information for budgetary decisions on an on-going basis . Operational a) To receive from administration the budget in account form, supported by adequate description. b) Review monthly accounts approved by administration prior to submission to Council of the Whole capital a) To receive from administration, Council, and/or other Committees the projected Capital Budgets for a period not to exceed five years . • 1 . APR-14-94 09. 51 FROM. TOWN OF TILLSONBURG ID. 5199429431 PAGE 7 :4 . . . _ . nued b) To receive from adm i n i st r a::ci: Statement of Debenture Debt a-.:i funding of c_'oj .�tcd api .il I'. . with recommendations of Cad.:z .Y: funding available guideline ratio. (ii) Provide Council with information for decisions on all matters dealing the administration' s sy.;tem of inr.e-rny. control . Administrative's objective for internal control is to ensure the following: a) maintaining accountability to Council b) receipt of all funds and minimization of costs c) prevention and detection of fraud and error d) safeguarding of assets e) reliability of accounting records f) timely preparations of reliable financial information g) any other item referred by Council c_ the Mayor Non-Budgetted (iii) Prior to approval being considered by Expenditures Council of any capital projects o: non-bud expenditures bythe Town, ettin g g the Finance and Administration Committee shall be required to provide to Council a review, cost analysis and recommendation on such matters . Public Works (b) The Committee of Public . W2.r'ka shall b•_ Committee composed of the Mayor ex-officio and f:•:-= members of the Council . The Committee of Public Works has power co enquire into and report to Council on any matter over which the Council has authority, in the areas of establishing and maintaining road and sidewalk, light, sewer, drainage, and any other matter referred to it by Council . Fire Committee (c) The Fire Committee shall be cc)nLposed of the Mayor ex-officio and four members of the Council. The Fire Committee shall determine and report to Council on the establishment and maintenance of fire services in the Town, a:.d on any other matter referred to it by Council . APR-14-94 09 . 52 FROM= TOWN OF TILLSONBURG ID. 5198429431 PAGE 8 :4 . . Personnel Committee (d) The Pers:77e1 Cr''.. ee shall b•. cc-tpc:ed sf the Mayor ex-officio and four members of the Council The Pe_'sc..nel Committ-e _hal! = a_ with a report to Council on all persor:::cl matters that arise and or. any o:. ".=r referred to it by Council . Property and (e) The prooer.y _and Special Committga shall be Special Committee composed of the Mayor ex-officio ar.d `.vA members of the Council . The Property and Special Committee has power to enquire into and report to Council on property matters and any other matter referred to it by Council . Executive (f) The Executive Committee shall be composed of Committee the Mayor and all members of the Council . The Executive Committee shall meet , in camera, to consider matters of a "Legal and Personnel" nature as deemed in 3 (2) and report to the Committee of the whole of Council . t . Committee (2) Each Committee shall appoint the time and place of Meetings its meetings provided that it shall not meet while Council is meeting. Quorum for (3) A quorum of a Committee is a majority of the Committees voting members of the Committee. 15 . Not withstanding Section 14 of this By-Law: Consideration (1) Council may consider any matter without referring Without Referral it to a Standing committee or may refer it co one by Council or more Committees or refer it to the Executive Committee and may withdraw a matter from a Committee whether or not the Committee hat; enter^i into consideration thereof . Adhoc Committees (2) Council may at any enquire into and report mone aany 1nt a Committee to matter. WISORY COMMITTEE . QZ COUNCIL Advisory 16 . (1) In addition to the Standing Commit.teer. of Counc:'. Committees established under Section 14 , the following advisory Committees are established: (a) Planning Advisory Committee (b) Traffic Committee (c) Local Architectural Conservation Advisory Committee ) APR-14-94 09. 52 FROM. TOWN OF TILLSONBURG ID• 5198429431 PAGE 9 (d) Arts and Culture Ccrmissicn (c) Economic Development Commission (iJ Transit Committee (g) Special Awards Committee Term of (2) The members of each Advisory Committee !;hall hold Office office until their successors are app F (3) The time of the first regular meeting of `'_. , Meets eting Advisory Committee shall be dct.ermincd by MerClerk according to the results of surveying the appointed members. Chairman and (4) (a) At the first regular meeting of each Advisory Vice-Chairman Committee, a Chairman and Vice-Chairman shall be elected by a majority of the members . Absence of (b) In the absence of the Chairman and Chairman or Vice-Chairman, the Advisory Committee may Vice-Chairman appoint an Acting Chairman from the mems:er,: present . lS) The next and each succeeding meeting of the Schhedd MeetingAdvisory meeting shall be held on a regular basis ule as determined by the members at their �rsc. meeting or at the call of the Chair . Composition (6) The composition of each Advisory Committee shall be made up of such persons as determined by Council or as detailed in Terms of Reference of respective committee. Committee (7) Insofar as possible, the procedures of Advisory Procedure Committees shall be the same as thcr;e set out. for Council . Duties of (8) The duties of the respective Advisory Commitz,_rs Advisory Committees shall be as follows : Planning Advisory (a) The planning _Advi5Qry Committee shall advise Committee Council on applications received under The planning Act as well as such other planning matters as shall be referred to it by Council, including conducting public meetings on all such matters. Traffic (b) The Traffic Committer€ shall advise Council cn Committee specific or policy matters related to traffic or such other traffic matters as may be referred to it . APR-14-94 09. 52 FROM= TOWN OF TILLSONBURG ID= 5196429431 PAGE 10 • Local Architectural (c) The Local Arch ect;:ra1 C.cn:: :-v_itinn._A:ly.i Conservation Advisory committee shall advise Council on mitt-.rs Committee relating to Parts :V and V cif 'Ine Heritage Act . The Terms of R.-fer'.nce of Committee are as listed in Schedule "„- attached hereto. Arts and Culture (d) The Arts and dlture Commis ion shall advise Commission Council on cultural matters referred ro it a well as assisting and promoting cultural organizations within the Town of Tillsonburg. The Terms of Reference of the Committee are as listed in Schedule °V attached hereto. Economic Development (e) The gconomisL Development Cgmmiiorn shall Commission advise Council on economic development matters as detailed in Terms of Reference attached as Schedule "C" . DUTIE.$ OF MAYOR AND MEMBERS OF CQUNCI4 Duties of 17. (a) to open the meeting of Council by taking the Chair Mayor and calling the members to order; ib) to receive and submit, in the proper manner, all motions presented by the Members of Council ; (c) to put to vote all questions, which are duly rnovec and seconded, and to announce the result ; (d) to decline to put to vote, motions which infringe upon the rules or procedures; le) to restrain the Members, when engaged in debate. within the rules of order; (f) to enforce on all occasions, the observance c_ order and decorum among the Members ; (g) to call by name, any Member persisting in breach of the rules of order of the Council, thereby ordering him or her to vacate the Council Chambers; (h) to authenticate by his or her signature, whnh necessary, all by-laws, resolutions, and Minutes of Council; r • (i) to inform the Council on any point of order as seems necessary; (j ) to represent and support the Council declaring ics will and implicitly obeying it: decisions in all things; APR-14-94 09. 53 FROM= TOWN OF TILLSONBURG ID= 5198429431 PAGE 11 (k it. he or she considers is necessary because of grave disorder, the Mayor nay adjourn the sitting question Fut , or s.:spend the sitting for a time to be named by him cr her. Duties of 18 . it shall be the duty of members of Council : Council (a) to attend all meetings of Council and Committees when so designated and to come to order when called to do so by the Mayor or the presiding Officer; (b) to submit motions and resolutions in the proper manner; (c) to vote on all questions which are duly moved and seconded; (d) to debate within the rules or order; (c) to observe on all occasions order and decorum within the rules of order; (f) to authenticate by his or her signature, when necessary, all motions and resolutions; (g) to inform the Council on any point of order as seems necessary; (h) to represent and support the Council . RUES OP PE$?TE IN COUN IL Order and 19 . (1) The Mayor shall preserve order and decide Decorum questions of order subject to appeal to the Council by any member. Point of (2) (a) when a member rises to point of order he or Order she shall ask leave of the Mayor to raise Procedure a point of order and after leave is granted he or she shall state the point of order to the Mayor and sit down and remain seated until the Mayor shall have decided the point of order. (b) Thereafter, a member shall only address the Chair for the purpose of appealing to the Council from the Mayor' s decision. (c) If no member appeals, the decision of the Mayor shall be final . APR-14-94 09 . 53 FROM= TOWN OF TILLSONBURG ID= 5196429431 PACE 12 Point of (3 ) Where a member considers th3_ his or integr_ty Personal or the integrity of the Council a;; a whole has Privilege been impugned, he or she -.ay a!: a q,:•_sc.ic,n privilege, rise at any time. with the conc.e•nt, cf the Mayor for the purpose cf drawing th,c at.tcnti':n of the Council to the matter. Point of (4) "Point of Order" means the raising of a questions Order by a members with the view of, calling attention to any departure from the Standing Orders or the customary modes of proceeding in debate or in the conduct of the Council' s business . Point of "Point of Information" means directing a request Information to the Chair, or through the Chair, to another member or to the staff, for information relevant to the business at hand, but not related to parliamentary procedure. Parliamentary "Parliamentary Enquiry" means, directing Inquiry question to the Chair to obtain information on a matter of parliamentary law or the rules of the Council bearing on the business at hand in order to assist a member to make an appropriate motion, raise a point of order or understand the parliamentary situation or the effect of a motion, Question of "Question of Privilege" means the raising of a Privilege question which concerns a member of Council , or r the Council collectively, in respect of the following matters, namely: (a) When member believes that another member has spoken disrespectfully towards him or the Council collectively; (b) When a member believes that his comments have been misunderstood or mi':in'.erpret.ed by another member or members. (5) whenever any point of order, parliamentary enquiry or question of privilege arises, it shall be immediately taken into consideration. (6) When a point of information is raised, the Chair shall answer the question or direct the question to the appropriate member of Council or staff ; the reply shall be made through the Chair. Conduct 20 . (1) No Member shall : (a) speak disrespectfully of the Reigning Sovereign, of any Royal Family, or the Governor-General, or of the Lieutenant-Governor of any Province, of any 1 , APR-14-94 0954 FROM. TOWN OF TILLSONBURG ID. 5199429431 PAGE 13 Members of the Senate, of the Hcu ;e of C:.r� ="; of Canada, or of the Legislative Asci:r.b1y the Province of Ontario. (b) speak on any subject other than the subject :n debate; (c) disobey the rules of the Council or a decision of the Mayor or of the Council on questions of order or practice cr upon the int.erpreta=::::: of the rules of the Council , ;Ind in car.e Member persists in any such disobedience after having been called to order by the Mayor, the Mayor may forthwith put the question, no amendment, adjournment or debate being allowed, "that such member be ordered to leave his or her seat for the duration of the meeting of the Council" , but if the mcmrer apologizes he may, by vote of the Council, be permitted to retake his or her seat . Departure of (d) If a member desires to leave a meeting of Member Council prior to adjournment, and not return thereto, he or she shall so advise the Mayor or the presiding officer and his or her departure shall be recorded. Address from (2) No person except Members, Appointed Officials of Gallery the Town and the Media shall be allowed to come within the Council enclosure or speak from the Gallery during the sittings of the Council unless permitted by the Mayor or the Council upon reference. Address the 21 . (1) Every member previous to speaking to any question Chair or motion shall rise from his or her ,eat and address the Mayor. Order of (2) When two or more members rise co speak, the Mayor Speakers shall designate the member who has the floor who shall be the member who in the opinion of the Mayor, first rose. Voting (3) Every member present at a meeting of the Council All Members when a question is put shall vote thereon unless prohibited by Statute, in which case it shall be so recorded or is absent from the Council Chamber when the question is put . Member Declines (4) If any member present at a meeting of the Council to Vote when a question is put, and either a Recorded or an Unrecorded Vote is taken, does not vote, he or she shall be deemed as voting in the negative except where he or she is prohibited from voting by Statute. APR-14-94 09 = 54 FROM= TOWN OF TILLSONBURG ID= 5198429431 PAGE 14 21 . . .continued Question (a) A member may ask a question only for t.re Motion purpose of obtai::_n; information relating to the matter under discussion and such question must be stated concisely and asked cn'_y through the Mayor. (b) Notwithstanding paragraph (a) , when a member has been recognized as the next speaker, then immediately before speaking such member may ask a question of or through the Mayor on the matter under discussion but only for the purpose of obtaining information, following which the member may speak. Oral (15) (a) The following matters and motions with respect Motions thereto may be introduced orally without written notice and without leave, except as otherwise provided by these Rules of Procedure : (i) a point of order or personal privilege; (ii) presentations of petitions; (iii) to adjourn; (iv) to refer; (v) to lay on the table; (vi) to move that a question be put . Written (b) The following motions may be introduced Motions without notice and without leave, but such motions shall be in writing signed by the mover and seconder except as otherwise provided by these Rules of Procedure : (i) to amend; (ii) to suspend the Rules of Procedure; (iii) to postpone indefinitely or to a day certain; (iv) to go into Committee of the Whole. (c) Except as provided by paragraph (a) above, All { mgtiona shall be in writing and signed by the mover and seconder. Decision by (16) In all unprovided cases in the proceedings of the Mayor Council or in the Committee of the Whole, the matter shall be decided by the Mayor, subject to an appeal to the Council upon a point of order. Mayor Leaving (17) If the Mayor or Presiding Officer desires to leave Chair the Chair for the purpose of taking part in a debate or for other reason, he/she shall call one of the members of the Council to fill his/her place until he/she resumes the Chair. APR-14-94 09. 55 FROM. TOWN OF TILLSONBURG ID, 5198429431 PAGE 15 MOTIONS 4,ND ORDER OF PUTTING QUE>TIO ISS Introduction 22 . motion shall be s :b'.i:ted to the Clerk ih of Motion writing over the signature of the Mover and shall be conplete and correct . Seconding (2 A motion must be formally seconded before the presiding officer can put the question or a motion be recorded in the Minutes . Presentation of ( 3) When a motion is presented in Council in writing, Motion by it shall be read, or if it is a motion which may Mayor be presented orally, it shall be stated by the Mayor before debate . Motion (4) A motion in respect of a matter which is ultra Ultra Vires vires the jurisdiction of the Council, shall not be in order. Mithdrawl (S) After a motion is read, or stated by the Mayor it Motion may be withdrawn at any time before decision or amendment by Mover and Seconder. Motion Must (5) A motion properly before the Council for decision Receive must receive disposition before any other motion Disposition can be received except motio (s3) (n) and to matters listed in paragraphs Motion to (1) A motion to refer a matter under discussion by the Refer Council to a Committee of the Council shall preclude all amendments of the main question until it is decided. Amendments (8) A motion to amend: (a) shall be presented in writing; (b) only one motion to amend an amendment to the question shall be allowed; any further amendment must be to the main question; (c) shall be relevant to the question to he received; (d) shall not be received proposing a direct negative to the question; (e) may contain a separate and distinct disposition of a question; (f) shall be put in the reverse order to that in which it is moved. Motion for (9) A motion for the previous question: Previous Question (a) cannot be amended; (b) cannot be proposed when there is an amendment under consideration; (c) when teoluestionthe be affirmative, forward rwithout ires that thhq e q debate or amendment; APR-14-94 O955 FROM, TOWN OF TILLSONBURC ID 5198429431 PAGE 16 ;d) can only be moved in he follcwing we,rES, • "that the question be new put" . Motion to ( lei) (a! the motion shall a:.ay' be in c,r'or except as Adjourn Debate provided by this Rule And z17•,1l Lc F;:t immediately without debate; (b) when resolved in the negative, it cannot be made again until after some intermedia_e proceedings shall have beer, r-ompleted by Council; (c) is not in order when a member is speaking or during the verification of a vote; (d) is not in order immediately following the affirmative resolution of a motion for the previous question. (e) when a member has already indic;ited co the Mayor that he or she desires to :peak on the question. Point of (11) A question on a matter of privilege shall receive Personal disposition of the Mayor forthwith upon receipt Privilege and when settled, the question so interrupted shall be resumed to the point where it was suspended. Motion to (12) A motion to refer or refer back a question co Refer Committee with or without instructions may be amended but must receive disposition by Council before the questions, or an amendment to the question. Motion to (13 ) A motion containing distinct proposals may be Divide divided by leave of Council . Notice of ( 14 ) A Notice of Motion with respect :o mdttrs roc Motion contained in the agenda may be given prior to adjournment . Such motion shall be in writing, signed by the Mover, and provide for such matter co be placed on the agenda of the next regular meeting or a specified meeting date . Reconsideration 23 . After any question, except one of indefinite postponement, has been decided, any m"mber who voted in the majority may, at the same or at a subsequent meeting, move for a reconsideration thereof, but no discussion of the main question ;hall be allowed unless reconsidered; nor shall .:,ny question be reconsidered more than once. 1 . APR- 14-94 09= 55 FROM TOWN OF TILLSONBURG ID 5196429431 PAGE 1' voTixc ON MOTIONS Voting on 24 . (1 ) rmmediateiy preceding the taking of the vote . :=.•: Motions Mayor may state the question in the `.r7 int_-;,d;:::ed ar.d shall c.h so if r_. .r :a Member. Ne or she shall state the question in '. ... precise form in which it will t.: rf•corded In Minutes . No Interuption (2) After a question is finally put by the Mayor, nc After Question member shall speak to the question nor :hell ��f other motion be made until after the vote is t:v<er and the result has been declared. Division of (3) A separate vote shall be taken upon each proposal Question contained in a question divided with leave of the Council . Member Absent (4) A member not present when the question is put , on Question shall not be entitled to vote on that question. Unrecorded (5) The manner of determining the decision of th_ Vote Council on a motion shall be by show of hands and as declared by the Chair, except for recorded votes. Recorded Vote (6) Upon request made before proceeding to ano:::er item of business by a Member who is present wh' r the question was stated, a recorded vote on the question shall be taken. Tie Vote (7) Whenever the vote upon any question shall result in a tie, the question shall be deemed to be negative, except in the election of Mayor. PROCEED;NGS OF COUNCIL MEETING Agenda 25 . (1) The Clerk in consultation with the Mayor hall have prepared and printed a list of items in -.h= order of topics set out as follow ; for the u.=. of each member at each meeting: Order of (2) (a) The order of business for the regular Business meetings of the Council shall be as follows: Call to Order (The Lord' s Prayer) Minutes of Previous Meeting The Agenda Declarations pursuant to The Municipal Conflict of Interest Act Appointments, Delegations, and Petitions Reports Communications Unfinished Business APR- 14-94 09 : 56 FROM: TOWN OF TILLSONBURG ID: 5196429431 PAGE 18 Other Business Resolutions vy-r aws In Camera Adjournment (b) All business shall be taken up in order in which it stands on the Agenda unless otherwise decided by the concurring vote of the majority of the members of the Council present . (c) Any Member may, with the approval of a majority of all Members of Council, introduce any matter of an urgent nature for council' s consideration during adoption of the agenda. Minutes (3) (a) Minutes shall record: (i) the place, date and time of meeting; (ii) the names of the presiding officer or officers and the rncorci of the attendance of the Members; (iii) the reading, if requested, correction and adoption of the Minutes of prior meetings; (iv) all the other proceedings of the meeting without note or comment . (b) It shall be the duty of the Clerk to ensure that the Minutes of the last regular meeting, and Reports from all Special and Standing Committee Meetings held more than five (5) days prior to a regular meeting, together with the Agenda prepared in accordance with Sub- Section 25 (2) are delivered to cash member not less than thirty-six (36) hours before the hour appointed for the holding of such regular meeting. New Business (c) Such Minutes or Reports a:; rr-terrr.d Lo In clause (b) of this paragraph may be adopted by Council without having been read at the meeting considering the question of their adoption, and in other cases, the Minutes or Reports shall be read prior to consideration of adoption. Delegations (4 ) (a) Persons desiring to vr:rba11y information on matters of fact or make a request of Council shall give notice to the Clerk not less than forty-eight (48) hours before the commencement of the tnenting of Council and may be heard on leave of the Mayor or other . presiding officer of Council, but shall be limited in speaking to not more than PR-14-94 09 : 56 FROM. TOWN OF TILLSONBURG ID: 5198429431 PAGE 19 fifteen (15) minutes, un11es:; t :Ite ie x. . . . by the Mayor. The Mayor shall have the r :o?-:! to limit the time for qu_:.•t.cn:; `- : pan; Members . Delegation (b) A delegation applying to be heard up to the Without time of the meeting shall be heard at the Appointment discretion of the Mayor and Clerk if the subject is considered important . Communications (5) (a) Every communication, including a petition designed to be presented to the Council, shall be legibly written or printed and shall not contain any impertinent or improper matter or language and shall be dated and signed by at least one person and filed with the Clerk. (b) Every petition or communication shall be delivered to the Clerk not less than forty-eight (48) hours before the commencement of the meeting of the Council , and if in the opinion of the Mayor and Clerk, any communication received up to time of the meeting is of importance it may be presented as a communication at that meeting. (c) Subject to the decision of the Mayor under Paragraph (b) hereof , the Clerk shall either present each member with a copy of the substance thereof or read the substance thereof to the Council, but any member may require the reading of part or all thereof . (d) All petitions or communications on any zubject within the cognizance of a Standing Committee shall on presentation, unlcns otherwi:=e disposed of by Council . forthwith be considered as referred to the appropria: Committee as the case may be without a:;y motion or debate unless otherwise ordered by Council . Committee Reports (6) (a) The Chairperson or Vice-Chairperson of a Committee or any other Member of the Committee designated shall present the Committee Report to the Council . The Council may accept, reject, amend, table or refer back any or all of the Committee Report . (b) Such reports shall contain sufficient background, detail and information supporting the Committee' s recommendation to assisr. Council in its deliberation of r.he matter. APR- 14-94 0957 FROM. TOWN OF TILLSONBURG ID 5199429431 PAGE 20 Unfinished (7) The items listed in the order of the topics Business out in the Agenda of prior meetings which have nt_ t:e•_n disposed of by council and the dace offirst appearance on the Agenda shall be noted 3:.: repeated on each subsequent agenda until dis; of by Council, unless removed from the agenda by leave of the Council . Reading of (8) (a) Every By-Law shall he irltroduc-ed upon mc,_:;::. By-Laws by a Member of the Council specifying he title of the By-Law. (b) Every By-Law when introduced, shall be in typewritten form, and shall contain no blanks except such as may be required to conform to accepted procedure or to comply with the provisions of any Act . (c) Every By-Law shall have three readings previous to its being passed. (d) The first and second reading of a By-Law shall be decided without amendment or debate. (e) In proceedings in Committee of the Whole upon. By-Laws each section shall be considered i;: its proper order, inclusive of the title and recitals. (f) If Council so determines, a By-Law may be taken as read. (g) The Clerk shall endorse on all By-Lawn enacted by council, the date of the several readings thereof . (h) All amendments made in Committee of the W c:e shall be reported by the Chan to . ._ Council which shall receive the S417. forthwith and after the report has been received, a By-Law shall he open to debate and amendment before it is ordered for the third reading. (i) When a By-Law is reported without amender;;: it shall be forthwith ordered to be read the third time at such time as may be appoinz.e: by the Council. • (j ) Every By-Law which has been enacted by the Council shall be numbered and dared and steal' be sealed with the seal of the Corpora:ic:: and signed by the Mayor and the Clerk in his office for safekeeping. APR-14-94 ø957 FROM, TOWN OF TILLSONBURG ID, 5198429431 PAGE 21 PROCEEDINGS IN commiTTEE of THE WHOI,& Proceedings in 26 . ( l) The Council may choose to Z'.cve into the Comm;,;ee Committee of of the Whole wherever questions will be asked of the Whole staff or where reports are being made by someone from outside of the Council or at any other time when free discussion of an item is desired and the Council so decides . Mayor (2) The Mayor shall be the Chairperson of the Chairperson Committee of the Whole. Acting (3) The Mayor may appoint another member of the Chairperson Committee to act as Chairperson while he or she is speaking to a question or while he or she is temporarily absent from the meeting. Chairperson (4) When a Committee Report is being discussed in Taking Chair Committee of the Whole, the Chairperson, Vice-Chairperson or other member of that Committee shall take the Chair. (5) The Chairperson Shall maintain order in the Committee of the Whole and report the proceedings to the Council . Rules Governing (6) the rules governing the procedure of the Council Committee of and the conduct of members of Council shall be Whole observed in Committee of the Whole so fare as they are applicable, provided that : (a) the number of times of speaking on any question shall not be limited unless a member moves that the vote be now taken; (b) no member shall speak more than once, except to make an explanation until every member who desires to speak shall have spoken; (c) if a member disobeys the rules of the Council or the decision of the Committee Chairperson on questions or order or practice, or upon interpretation of the rules of the Council and persists in such disobedience after having been called to order by the Committee Chairperson, the Committee Chairperson shall forthwith suspend the proceedings of the Committee of the Whole and report the circumstances to the Council, and the Mayor shall forthwith put the question, no amendment, adjournment or debate being allowed, "that such member be ordered to leave his/her seat for the duraction of the meeting APR- 14-94 09 ' S7 FROM, TOWN OF TILLSONBURG ID 5198429431 PAGE 22 of the Council" , but if the mcmt. r he/she may, by vote of the Council . ce permitted to retake his/her sear. . Vote Thi Committee Chairperson shall be ! ::ti•.'.e Committee vote at meetings thereof as a Member of suc : Chairperson Committee, but shall not have a second or casti-u vote in the event of an quality of votes on any question. Motion to Rise (8) A motion in Committee of the Whole Council to rise and Report and report shall be decided without debate and a motion to rise without reporting shall always be in order and shall take precidence over any other motion and if carried, the subject referred to the Committee shall be deemed to have been disposed of in the negative, subject however, CO its reconsideration if Council should so decide . The next order of business shall then be proceeded with. PROCEEDINGS IN STANDING AND OTHER COMMITTEES Chairperson 27 . (1) The Committee Chairperson or in his or her absence the Vice-Chairperson, or in the absence eof both. such other Member of the Committee as may be appointed by the concurring vote of a majority of the members of the Committee present, shall preside at every meeting and may vote on all questions submitted, but in case of an equal division of votes, the Committee Chairperson shall not have any extra casting vote and the question shall be deemed to have been decided in the negative. New Business/ (2 ) The rules in respect of the introduction of new Deputations business in the Council and the ho.iring of delegations shall not apply co Standing and other Committees of the Council other than the Committee of the Whole Council . Quorum (3) (a) If there is no quorum present thirty (30) minutes after the time appointed for the meeting, the meeting shall stand adjourned at the call of the Committee Chairperson . , ' (b) A majority of the Members of a Commir.tee is necessary to constitute a quorum. Committee (4 ) (a) It shall be the duty of each Committee tc Procedure adhere in the transaction of dll business cc the rules governing the procedure in the APR-14-94 09= 58 FROM. LOGIN OF 2ILLSONBURC ID= 5199429431 PACE 23 Committee cf the Whole Council as pr=? ,-r:t.-:1 by this By-Law. (b) When a point cf in or Wt: member is called tc orci?r same procedure shall be adopted as in Council , except that the question shall be decided by the Committee Chairperson, subject to an appeal to the members of the Comriitte.e . Committee An employee of the Town of Tillsonburg shall be Secretary the Secretary of the Committee . EXACTME.NT AND AXENDKN TTS or THIS B7(_Lmy. 28 . (1) This By-Law is not to be amended or repealed except by a majority of all members of Council present . (2) No amendment or repeal of the By-Law is to be considered at any meeting of the Council unless notice of the proposed amendment or repeal was given at a previous regular meeting of the Council and the Council may not waive such notice . 29 . This By-Law is passed pursuant to Section 102 of The Municipal Act, R.S.O. 1990, Chapter M. 45, and shall come into full force and effect from the date of passage by Council . 30 . By-Laws 2446 and 2458 are hereby repealed. READ A FIRST AND SECOND TIME THE 15th DAY OF February _, 1994 . READ A THIRD TIME, PASSED. SEALED AND NUMBERED 2 6 6 1 _ THE 28th DAY Cr February , 1994 . - C ^MAYO- _ C - 9 ER --'Am - APR-14-94 ø956 FROM. TOWN OF TILLSONBURG IDS 5198429431 PAGE 24 TOWN OF TILLSONBURG SCHEDULE •A• BY-LAW NO.1 2 G 6 1 ATS AND CULTURE CO OIX5S I 1 . TFRML.OF RE;FgRENCE Accountability 1 . Member bodies of the Arts and Culture Commi sior. that are funded by the Town of Tillsonburg are accountable to the Town through the Commission. This accountability will be reflected by a monthly submission of minutes to the Commission. Any special requests or reports to Council will be funnelled through the Commission by the. appropriate representative. Funding 2 . Any special funding requests for cultural events, Requests over and above specified Committee budgets, muL: be submitted directly to the Arts and Culture Commission. The Commission may then refer them to a specific Committee and will comment on the request before being submitted to Council . funding applications must be submitted in compliance with the Arts and Culture Commxssinn' s Funding Guidelines and Criteria. 2. REPORTING Submission I . Member bodies report to the Arts and Cultur Committee Minutes Commission. The reporting will be in the form of regular minutes and will be the rr:sponibility of the respective representative . Committee Budgets 2 . Member bodies must submit a ycarly report Wi.. proposed plans and projects for the upcoming yes: . These reports should also include a copy of the proposed yearly budget for information purposes only. Commission 3 . The Arts and Culture Commission shall prepare a Annual yearly budget, but this budget is to act only as a Budget reserve fund for special projects and/or special requests . The budgeting process for all sub-committees will flow directly to the Town Finance and Administration Committee . Report to 4 . The Arts and Culture Commission reports directly Council to Tillsonburg Town Council thro:;yh the Chair of the Commission. APR-14-94 09 : 59 FROM. TOWN OF TILLSONBURG ID: 5198429431 PAGE 25 TOWN OF T I I,LSONURG SCHEDULE 'B' BY-LAW NO. _ 2 6 O. 0 AL ARcHITECTVRAL •V WRY COPQ1ITTTE Composition 1 . The Local Advisory Committee shall be composed of : (a) one member of Council (b) six other persons who shall be qualified electors of the Town of Tillsonburg, but not members of Council . Terms of 2 . The terms of reference of the local advisory committee Reference shall be as follows: (a) to establish criteria for the evaluation of properties of architectural and/or historical value or interest; (b) to prepare and maintain a list of properties and areas worthy of conservation; (c) to advise Council on means of conserving heritage properties and area; (d) to advise Council on current heritage conservat:cn legislation and to assist Council in the preparation of municipal legislation co conserve heritage properties and areas; (e) to implement programmes and activities to incr•711.: public awareness and knowledge of heritage conservation issues; (f) to advise and assist Council on all matters relating to Parts IV and V of The Ontario Heritage Act, 1974; (g) to advise and assist Council on any other matters relating to buildings and areas of architectural and/or historical significance; (h) co administer properties acquired by the municipality under Section 36 of The Ontario Heritage Act, 1974; APR-14-94 09.69 FROM. TOWN OF TILLSONBURG ID. 5196429431 PAGE 26 Schedule "B" . . .continued ( i) co prepare, before the :_: day o: M.rr,:t: a report of the previc::s year' s act. iv i t i'ss, a report of the previousyear' s expt,ry i cur s .s::c i projected budget for the succeeding year; (j ) the local advisory committee shall meet as often � � as it deems necessary, but at leak onch each . _.�_ months. APR-14-94 09 = 59 FROM= TOWN OF TILLSONBURCID= 5196429431 PAGE 27 INDEX C'rr i', A - ABSENT MEMBER ON QUESTION 21 ( 3) , 24 (4 ) ABSTENTION DEEMED TO HE NEGATIVE VOTE 21 (4 , 7) ACTING CHAIRMAN 2 ( -Committee Whole 26 (3) -Standing Committee 21 (1 )) -Advisory 11 4b) ACTING HEAD OF COUNCIL (MAYOR) 11 (1) 21 (1) ADDRESS THE CHAIR ADJOURN DEBATE (Motion to) (Defer) 21 (15a) ADJOURNMENT 25 (2) AGENDA, COUNCIL 28 AMENDMENT OF BY-LAW 28 (8) AMENDMENT TO MOTION 16 APPOINTMENT TO ADVISORY COMMITTEES APPOINTMENT OF CHAIRMAN, STANDING COMMITTEES 13 APPEALING, CHAIRMAN' S DECISION 19 - B - BY-LAWS, ENACTMENT 25 (8) BY-LAWS, PLACE ON COUNCIL AGENDA 25 (2) - C - CALL THE QUESTION, MOTION TO 1S (a) , 22 (9) CHAIRMAN - ADDRESSING THE CHAIR 21 (1) -Appointment of Chairman, Standing Committee 13 11 -Council 16 (4 ) 1 (2) 1 ( -Advisory Committees CHALLENGE, THE CHAIR 2) ', (� 1 � COMMIT, A MOTION TO (refer) 1 COMMITTEE, CHAIRMAN, DEFINITION COMMITTEE OF THE WHOLE, DEFINITION 1 (i) 1 (i) -a motion to resolve Council into 26 COMMITTEE OF THE WHOLE - PROCEEDINGS 14 (2) COMMITTEE MEETING, time and place of any COMMITTEE REPORTS 6 (a) COMPOSITION OF STANDING COMMITTEE 14 10 (1 ) , 21 ( 1 , 9) CONDUCT OF MEMBERS CONFLICT OF INTEREST 25 (2a) CORRESPONDENCE (Council Agenda) COUNCIL -Agenda Format 2 25 (2a) -Change of Time (2) -Decision, DeterminaLion5 of 24 (5) -Inaugural Meeting e -Member absent when motion put ' 21 (3) , 24 (4) APR-14-94 10 : 00 FROM: TOWN OF TILLSONBURG ID= S198429431 PAGE 28 -Regular Meecing 15 �' , : ; -Rules of Cebace 19 , -Special Meeting - D - 19, 2�, '1 DEBATE (Rules of) 19 2 , 217 ( f , k) DECORUM AND ORDER 1 DEFINITIONS 21 ( 11,a)DEFER, MOTION TO (Adjourn Debate) DELEGATIONS 25 (4) -Council 27 (2) -Standing Committees DETERMINATIONS OF COUNCIL DECISIONS 24 (5)2 ( ) DISOBEYING-Rules of Council DISPOSAL OF MOTIONS 22 (6) -on agenda 22 ( ) -in possession of Council 22 (5) DIVIDE THE QUESTION, MOTION TO - E - EFFECTIVE (Date of this By-Law) 29 ENQUIRIES, Council Agenda - F FIRST REGULAR MEETING - Advisory Committees 16 (3) - G - GENERAL PROVISIONS 2 { ; Suspension of Ru1os - H - � HOLIDAY - Reschedule Meeting 9 (2) - I - 3 (1) IN CAMERA 8 INAUGURAL MEETING - Council 1 INTERPRETATIONS • 1 . APR-14-94 10 , 00 FROM, TOWN OF TILLSONBURG ID, 5198429431 PAGE 29 - J - :UR:SD ICT ION AND ESP `L: :: :-Y OF STANDING COMMITTEES 14 - K - - L - 12 LACK OF QUORUM 12 (2 a) LORD'S PRAYER (agenda) - M - 11, 21 (3) MAYOR, Acting MEMBER ( ) -Absent when question is put 2 24 (4 ) , ?1 (1 , 9) -Conduct of 1 (d) -Definition MEETING 9 -Alter time or place of 9 (2) -Falling on holiday 9 -Inaugural Council 8 -First Regular-Council 16 (3)9 -First Regular-Advisory Committee 9 -Regular Council -Regular Standing Committee 1 14 (2)(2) -Regular-Advisory Committee 9 (3) -Special-Council MINUTES -Meeting of Council 26 (3 ) 26 (3b)) -Standing Committees MOTIONS -To adjourn debate 2 222 1( 54) -Of Adjournment 21 (1 -To amend 22 (5)8) -Before the Chair (Motion to the floor) 22 (52) , 21 (154) 25 (1 -To Commit (refer) -Not Disposed of 25 (7) -To defer (adjourn debate) 22 (6) 10) -Before the Chair, Disposition of -In possession of Council (before the Chair) 22 (5) -To call the question (previous question) 22 (9) -To divide the question 22 ( 1 '5) , 24 ( 3) -Finally put 24 (2) -On the floor (before the Chair) 22 (1, 2, 3) -To reconsider 23 -Oral 21 (15) -Notice of 22 (14 ) -To present a petition 32 (c) , 21 (1Saii) -For previous question APR-14-94 1000 FROM. TOWN OF TILLSONBURG ID. 5198429431 PACE 30 -To resolve into Committee of Whole 21i1t -To refer (commit) 1: ( 1�•� ^w ( ._; , _ . 32 . 34 -Request to read ` • ' -To separate the quf.stion -To withdraw motion before the Chair ( in possession of Council) 22 ( 5) -Ultra Vires 22 (4) MUNICIPAL OFFICERS - Council agenda format 25 - N - NEGATIVE VOTE 21 (6) NEW BUSINESS 25 (2c) , 27 (2) NOTICE OF MEETING -Special meetings 9 ( 3) -Standing Committee 14 (2) NOTICE OF MOTION (to be in writing) 22 ( 14 ) - 0 - OPEN MEETINGS 3 (1) ORAL MOTIONS 21 (15a) ORDER -of business 25 -and decorum 19 -of speakers 21 (1 , 2 , 12 , 13) -point of 19 (4 ) - P PETITIONS 2S (2a, 5b) PERSONNEL PRIVILEGE 19 (3) , 21 ( 15x) , 22 (11) POINT OF ORDER 19 (4 ) , 21 ( 15x) PRAYER, Commencement of Council Meeting 25 (2a) PREVIOUS QUESTION - motion for the 22 (9) PROCEDURE 27 (4a) -Advisory Committees -Standing Committees 16 (7) -Suspension of the rules of 2 (2) - Q - QUESTION 21112) -speaking to -to reconsider 23 -of privilege, call 15 (ai) , 22 (11 ) -motion to divide 22 (13) -request to read 21 ( ) 1 ) QUORUM M\ 14-94 10=00 FROM. TOWN OF TILLSONBURG ID. 5198429431 PAGE 31 la ( 3) -Standing Committee 1 -Advisory Committee • R - 21 ( llf READ THE QUESTION, requc t to 21 (11 ) RECONSIDERATION OF PREVIOUS DETERMINATION 2 (81 , 2 (7} RECORDED VOTE - motion for 1 (g) 21 (7) REFER, Motion to (commit) Law) l REPEAL (of Previous procedural By' 230 ) REPORTS OF COMMITTEES 25 (6(1) ) REQUEST TO READ THE MOTION 21 (2) 1 RESOLVE INTO COMMITTEE OF THE WHOLE (motion to) RESPONSIBILITY/JURISDICTION OF STANDING COMMITTEES 14 ROBERTS RULES OF ORDER 1 (3) 2(3) RULES OF DEBATE 2 (2) 1 (1) -Address the Chair -Amend or suspend 29 -Council -Committee of the Whole 19 (G} 21 (4) 6} , 24 (7) -Negative Vote19 ( 1) -Order and Decorum 1 (1) -Order of Speakers 21 (2) -Reading of Question or Motion 21 (1 ) 21 (7) -Recorded Vote (divide the question) 14 (c) 21 (7) -voting (all Members) 1 RULES, Suspension of - S - 5} SECRETARY - Standing Committees, Sub27Committees 27 ((513) ) SEPARATE THE QUESTION, motion to 22 (1) SPEAKERS, Order of SPECIAL MEETING 9 (3) -Council, calling of STANDING COMMITTEE 7 ( 1) -Chairman 2 24 -Composition 127 (2) 4 -Deputations -Jurisdiction and responsibility 227 (4) 4 14 -Procedures 7 (3) -Quorum 2 27 (3) -Schedule of Meetings (5) -Secretary 17 27 ( -Special Meeting - T - TERMS OF OFFICE - Advisory Committees 16 ( 2) APR-14-94 10.01 FROM. TOWN OF TILLSONBURG ID. 5198429431 PAGE 32 - U 222 1 14 ULTRA VIRES MOTION : (4 UNFINISHED EUSINESS - V - VOTING (4 ) -Abstention deemed to he in neg. tive ?1 21 (4) >1 (3 ► -All Members in Council 24 (S) -Determining decision 21 (S) , 2410 -Equal, deemed to be negative (4) -Members absent 2244 (4 ) -procedure, recorded vote - W - WITHDRAWAL OF MOTION BEFORE THE CHAIR (motion to) 22 (S) APR-14-94 10: 01 FROM: TOWN OF TILLSONBURG ID: 5196429431 PAGE 33 SCHEDULE 'C' BY-LAW FcoNoMlc DEVE!,OPM$NT SOPO4ISSION COMPOSITION 1 . Economic Development Commission sh.,ll be composed of 9 persons as follows : a) Two members of Council and the Mayor b) Four other persons who shall be qualified electors of the Town of Tillsonburg, but not members of Council c) Chairman or Vice-Chairman of Planning Advisory Committee d) Chairman or Vice-Chairman of the Tillsonburg Public Utility Commission . f Economic TERMS OF REFERENCE 2 . The Commissi nnshall ce obe ase follows : a) To recommend to Council Policies and Programmes to: i) attract new industries of the size and type most desirable for Tillsonburg ii) maintain proper environment for the greatest success of existing industries. iii) achieve growth of jobs and tax base consistent with proper planning and development of the community .-ird availability of the labour force . b) Recommend to Council the acqui!;ition and development of Town owned industrial land co provide sufficient expansion to m:7!e t. the needs of new and existing industry for the next five to ten years. c) Recommend to Council long range promotional plans to attract new industry and publicize existing industry. d) Recommend to Council methods to maint.i n liaison with existing industry and potential new industry. e) Recommend to Council policies and programmes to promote .end d<:velop the Tillsonburg Airport . CORPORATION OF THE TOWN OF NIAGARA-ON-THE-LAKE BY-LAW NO. A BY-LAW TO REGULATE THE PROCEEDINGS OF 4 voAT C!; r - . THE COUNCIL OF THE CORPORATION OF THE �,c/�� fly TOWN OF NIAGARA-ON-THE-LAKE. �' ' ,4 Article 1 • General ') 2flj �''� Article 2 ■ $-,.- -,_.• Meetings of Council _� • 2.1 Inaugural Meeting `` 2.1.1 Selection of Acting Lord Mayor 4 2.12 - ChairNice Chair - Committees 2.13 - Public Appointments 2.2 - Regular Meeting 2.3 - Council Adjournment Hour 2.4 - Special Meetings Article 3 • Notice of Meeting 3.1 - Regular Meeting and Inaugural Meetings 3.2 - Special Meetings 3.3 - Lack of Notice .v Article 4 • Conduct of Meetings of Council 4.1 - Presiding Officer , L— 4.2 - Commencement of Meeting 4.3 - Quorum L___ 4.4 - Order of Proceedings 4.5 - Reception of Deputations L-- 4.6 - Consideration of Petitions, Applications and Communications 4.7 - Introduction, consideration and passage of By-laws c-� 4.8 - Introduction of motions and notices of motion 4.9 - New Business L— '] 4.10 - Decorum __'_ 4.11 Debate and Procedure 4.12 - Voting Article 5 ■ '—� Committee of the Whole Article 6 • Committee of Council Article 7 • Notice of Meetings of Committee of Council Article 8 ■ Conduct of Meeting of Committee of Council Article 9 • Repeal of previous By-laws Schedule "A` ■ Areas of Responsibility and Jurisdiction of Standing Committees of the Council in Committee CORPORATION OF THE TOWN OF NIAGARA-ON-THE-LAKE BY-LAW NO. A BY-LAW TO REGULATE THE PROCEEDINGS OF THE COUNCIL OF THE CORPORATION OF THE TOWN OF NIAGARA-ON-THE-LAKE. WHEREAS the Municipal Act, R.S.O. 1990, Chapter M45,Section 102 provides interalia, that every Council may pass by-laws and make regulations for governing the proceedings of the Council, the conduct of its members and the calling of meetings; AND WHEREAS the Council of the Town of Niagara-on-the-Lake deems it expedient to pass such a by-law and to make such regulations; NOW THEREFORE THE COUNCIL OF THE TOWN OF NIAGARA-ON-THE-LAKE enacts as follows: 1. GENERAL 1.1 In all proceedings of the Council and of the committees of the Council the following rules and regulations shall apply and.be observed and shall be the rules and regulations for the order and dispatch of the business in council and in the Committees thereof. s°soens.on°r 1.2 The rules contained herein may be suspended, at such times and upon rubs such conditions as may be deemed appropriate, by an affirmative vote of two-thirds of all the members of Council. (6 members) n'eefl°v"nned 1.3 In all matters, points of order or questions of procedure arising and by Bouhw's 'rules or order unprovided for in the rules herein contained, proceedings in council and in Committees of Council shall be governed by the practice of the Canadian House of Commons applicable thereto and any interpretation thereof shall be governed by Bourinot's "Rules of Order". matters not 1.4 Matters not governed by this By-law or dealt with in Bourinot shall be grvamed by lb* by-law decided by a majority vote of Council t as by-law not to 1.5 This by-law shall not be amended or repealed except by a two thirds vote be amended `mss n0lce of the whole Council, but no such amendment or repeal shall be wan considered at any meeting of the Council unless notice of the proposed amendment or repeal has been given at a previous regular meeting of Council Section 1.2 of this by-law is not affected by this Section. Page 2 - Procedural By-law 2. MEETINGS OF COUNCIL Inaugural Mg el 2.1 The inaugural meeting of the new council shall be held on the first Monday Cound of December of the term for which the Council is elected, provided that when the first Monday in December is a public holiday or a civic holiday the Council shall meet as soon after the first Monday in December as set by the Clerk. The inaugural meeting to be set by Council as to time and location and that any reception following the inaugural procedure will be open to the public in attendance. 2.1.1 At the inaugural meeting of each new Council, an Acting Lord Mayor shall be selected from amongst the members of Council, who in the absence of the Lord Mayor shall act in his/her place and shall preside at the Council or Committee meetings with all powers and obligations of the Lord Mayor. The position of the Acting Lord Mayor will be filled by the alderman who received the greatest number of votes in the election. Apps.of standng 2.1.2 At the inaugural meeting of the new Council,the Lord Mayor will announce Commulee Chartnen the Chairman and Vice Chairman that have been selected for the standing committees of Council. C0TR1"ee 2.1.3 At the inaugural meeting of the new Council or as soon after this inaugural Apponlrnenl meeting as possible Council will make appointments and appoint the members of special committees,boards,etc.i.e.Committee of Adjustment, Court of Revision, Fence Arbitrators, etc. Couna Meelog 2.2 From and after the inaugural meeting, the Council shall meet on every dales&tones second and fourth Monday of each month in the year at the hour of 7:30 p.m. in the in the aftemoon in the Council Chambers, unless; i) otherwise provided by the affirmative vote of a majority of all the members present at the meeting at which the motion is put, or ii) such Monday shall be a public holiday or a civic holiday in which case the Council shall meet at the same hour and in the same place on the next following business day. 2.2.1 To reflect Council's practice of observing a summer schedule. The General Committee of Council and Council shall meet only once during each of the months of July and August except for the calling of any special meetings as required by the Lord Mayor; the date and time for the summer meetings shall be established by resolution of Council at their first Regular meeting February of each year. Page 3 - Procedural By-law 10'70 pm egoummem 2.3 When at any session of Council the hour of 10:30 p.m. o'clock shall be reached,the Lord Mayor or other presiding officer shall declare the Council adjourned and leave the chair, unless Council by resolution unanimously determines otherwise. L°"/444Y°'^W 2.4 The Lord Mayor may at any time summon a special meeting of the Council. wl special meelnq 2.4.1 The Lord Mayor shall summon a special meeting whenever requested by a majority of the other members of Council so to do. 2.4.2 The Clerk shall summon a special meeting whenever requested by written petition of a majority of the members of the Council so to do, for the purpose and at the time mentioned in the petition. 2.4.3 A special meeting shall be held at the place where the last meeting was held and a special meeting may be either open or closed,as in the opinion of the Council, expressed by resolution in writing, the public interest requires. Page 4 - Procedural By-law 3. NOTICE OF MEETINGS rate of 3.1 Written notice of each inaugural and regular meeting of Council shall be inaugural and regular meeting givenby the Town Clerk to each member of the Council,which notice shall set out those matters to be considered. (Agenda) And, the Clerk shall cause the notice to be delivered by mail, courier or otherwise to their registered Town address. Notice of special 3.2 Written notice of a special meeting shall be given by the Town Clerk to meeting each member of the Council, which notice shall set out the matters to be considered. And, the Clerk shall cause the notice to be delivered by mail, courier or otherwise to their registered address. lack of meeting 3.3 Lack of written notice shall not affect the validity of a meeting or of any notice action taken at such meeting where all the members are present or where any member or members who are absent consent to the holding of such meetings and so inform the Clerk. Page 5 - Procedural By-law 4. CONDUCT OF MEETINGS OF COUNCIL 4.1.1 The Lord Mayor shall preside at all meetings of the Council. Sem°r Alderman 4.1.2 In the absence of the Lord Mayor or if his office is vacant or if he refuses presides in Y ,aD,,'°°°eyor a Lor° to act, the Acting Lord Mayor shall be then a Presiding Officer who during such absence or vacancy or refusal to act shall have all the powers of the • Lord Mayor. Choosing a 4.1.3 In the absence of the Lord Mayor, or if his office is vacant or if he refuses Priming Officer in the absence to act, and in the absence of the Acting Lord Mayor, the Town Clerk shall of Lord Mayor and Sean Aldernrn call the Council to order and, if a quorum be present, the members thereof shall choose a Presiding Officer by open vote and such Presiding Officer during such absence or vacancy or refusal to act has all the powers of the Lord Mayor. order ore soon ore caled to 4.2.1 As soon after 7:30 p.m. in the afternoon of the day for a regular meeting quorumpraesm of the Council, as soon after the hour of the meeting as set by the notice eller 7:30 pm calling a special meeting, as there shall be a quorum present, the Lord Mayor shall take the chair and call the Council to order. Senior Mclennan 4.2.2 In the event of the Lord Mayor not being present within fifteen minutes of calls mealMg to or0ir°aDsf1Ce the time appointed for the meeting, the Senior Alderman shall call the a Lord Mayor Council to order and shall preside during the meeting or until the arrival of the Lord Mayor. No Quorum 4.2.3 If there be no quorum present within 15 minutes after seven thirty p.m. in names recorded a and o„`n°f11e;°g the afternoon of the day for a regular meeting of the Council or within 15 minutes of the hour appointed in the notice calling any special meeting,the Clerk shall call the roll and take down the names of the members then present and the Council shall stand adjourned until the next regular meeting or until any special meeting is called. Quorum 4.3 A majority of the total number of elected members of Council shall constitute a quorum. Cle to pfepafe 4.4. Prior to each regular meeting, the Clerk shall prepare an agenda to be known as"The Order of Business" of all business to be brought before the council at each meeting and to enable the Clerk to do so, all documents intended to be submitted to Council shall be placed in the hands of the Clerk not later than the time and day stipulated in the Town procedural manual. • • Page 6 - Procedural By-law Order O11he 4.4.1 As soon as a meeting is called to order by the Lord Mayor the business of %kWh the meeting shall be dealt with in the following order: (1) Prayer and 0 Canada (2) Adoption of Agenda (verbal motion) (3) Lord Mayors Report, Announcements & Comments (4) Disclosure of interest (5) Minutes of the previous meeting (6) Reception of deputations (7) Reports of Committees (8) Other Reports (9) Introduction,consideration and passage of by-laws in the following order: a) By-laws to be read a first time. b) By-laws to be read a second and third time c) By-laws to be read a second time d) By-laws to be read a third time (10) Notices of Motion (11) Correspondence (12) New Business (13) Adjournment Agenda to be 4.4.2 All business shall be taken up in the order of routine in which it stands as toaowed unless Cooed shown on the agenda unless otherwise decided by a vote of the majority otherwise agrees of the members of Council. It shall be the duty of the Clerk to ensure that the agenda for each Council meeting is available to each member no later than 24 hours preceding the Council meeting. 4.5.1 No person other than a member of Council, or a Town Official, shall be No person to address Couna' permitted to address Council unless by a majority vote of Council, after unless Clerk at°dW,ler having declared the nature and intent of the matter to be discussed. partinoon prior to 1ne r1,.e1„o Delegations wishing to address Council shall notify the Clerk in writing stating the nature of the business and the names of the person in the delegation and have such notification placed in the hands of the Clerk prior to 12:00 noon on the day of the meeting of the Council. "NEW POLICY WILL BE INCLUDED HERE" One 4.5.2 Unless authorized by a majority vote of Council,only one spokesman shall spokesperson per dNeptlon be permitted to speak for each deputation present. No delegation to 4.5.3 Any person desiring to address Council shall not speak longer than ten speak longer than 10 mnules (10)minutes unless permitted to speak beyond that limit by a majority vote of the members of Council present at the meeting. Page 7 - Procedural By-law fon,,of pillions 4.6.1 All petitions,applications and communications intended to be presented to the Council shall be: a) written legibly,typewritten or printed on paper b) signed by at least one person, and c) addressed as follows: "The Lord Mayor and Council of the Corporation of the Town of Niagara-on-the-Lake". vow l.fa^ad 4.6.2 Every deputation, petition, application or communication requiring action b ran or contort* on the part of Council shall be referred to staff for a report or referred to a Committee of Council for consideration and no member shall speak upon the matter and no debate shall be allowed on the matter provided that; a) a motion to refer the deputation, petition, application or communication contains certain instructions from the Council. b) a motion may refer the deputation, petition, application or communication to a special committee and, c) if the deputation, petition, application or communication complains of some present personal grievance requiring immediate remedy, the matter contained therein, upon the consent of the majority of the members then being present being obtained, may be brought into immediate discussion and disposed of forthwith. frit mating of 4.7 Every by-law which requires first reading shall be introduced by a motion waa+rl for leave specifying the by-law number and the motion shall be in the following words: "That leave now be given to introduce the following by-laws, (here shall be listed the numbers of all by-laws introduced for first reading)and that the same be now read a fust time." 4.7.1 Such a motion shall be decided without amendment or debate. *scoria and turd 4.7.2 Every by-law proposed to be presented for second and third reading shall naCrp+of by be presented by a motion and the motion shall be in the following words: "That the following by-laws, having been read a fust time and considered: (here shall be listed all by-law numbers presented for the second and third reading)be now read a second and third time and passed, any nile of the Council to the contrary notwithstanding." *wood roaring 4.7.3 Every by-law proposed to be presented for second reading only shall be of by-law presented by a motion and the motion shall be in the following words: "That the following by-laws, having been read a fust time and considered: (here shall be listed all by-law numbers presented for the second reading only)be now read a second time." Page 8 - Procedural By-law Mid rsadog of 4.7.4 Every by-law proposed to be presented for third reading only shall be by-laws presented by a motion and the motion shall be in the following words: "That the following by-laws, having been read a first and second time and considered- (here shall be listed all by-law numbers presented for third reading only) be now read a third time and passed, any rule of the Council to the contrary notwithstanding." request to 0eal 4.7.5 Notwithstanding anything herein contained, upon the request of any wth bylaw 5BPara1ely member of Council that a by-law be considered separately,it shall, without debate, be lifted from the motion and introduced and voted on separately • and recorded as such in the minutes. motion to amend 4.7.6 Motions of amendment with respect to those motions described in Articles by-law In writing not'°µtired 4.7.2, 4.7.3 and 4.7.4 need not be in writing unless the effect of such amendment, in the opinion of the Lord Mayor, would be to substantially T{ change the intent of the by-law. t. 4.7.7 No by-law shall be introduced in blank or in imperfect form. By-laws may 4.7.8 Every by-law may receive three readings and be passed upon the same rattily. 3 readings on day, however, nothing in this by-law prevents a by-law receiving separate same day « �_..—. aawtate days readings upon different daysprevious to its being P Y Passed. I..R 4.7.9 No by-law shall be passed except by the votes of the majority of the whole L7..-.= Council or by such vote as may be required by Statute. �I Clerk to endorse 4.7.10 The Clerk shall endorse upon all by-laws read in Council the dates of the at by-laws win dal87nd several readings thereof and shall be responsible for the inclusion of any amendment amendments. by-laws to be 4.7.11 Every by-law which is enacted by the Council shall be signed by the Lord signed by the Clerk and Lord Mayor, or Presiding Officer who presided at the meeting at which the by- law was passed and by the Clerk and shall be under the seal of the Corporation and shall be deposited with the Clerk for custody. Introduction°l 4.8 A notice of motion may be introduced by any member at a regular meeting not of motion of Council for consideration at the next or a subsequent regular meeting of the Council and the same shall then be included in the notice of the meeting at which it is to be considered. Page 9 - Procedural By-law new not lo deal.n 4.9.1 Any business may be introduced and dealt with at a regular meeting of the ,p°„�ation d Council provided however that no motion for the appropriation of any appointments .,c money,the appointment to any office or the introduction of any new matter, shall be made unless notice thereof, in writing, shall have been presented at a previous meeting of the Council or given in the notice calling the meeting, except with the consent of two-thirds of the entire Council. detnlion of new 4.9.2 For the purpose of Article 4.9.1, "new matter' shall not include any matter question, motion or matter which has been considered in Council or in a Committee at the preceding two Council meetings. s al 4.9.3 At a special meeting of the Council only such business shall be dealt with agenda Items as is set out in the notice calling the meeting except when consented to by all members of the Council. Lord Mayor to 4.10.1 It shall be the duty of the Lord Mayor to preserve order and decorum and preserve order to decide all questions of order, subject to an appeal to the Council upon motion, which motion upon a question of order may be made at any time and shall be put to the meeting immediately and decided forthwith. Lord Mayor to 4.10.2 The Lord Mayor, when called upon shall decide the point of order or decide on pont aot°°` practice and the point shall be stated without unnecessary comment and the Lord Mayor shall cite the rule or authority applicable thereto. Lo`d Mayor 4.10.3 If the Lord Mayor desires to take part in a debate or to leave the Chair for Naves seat to deka pate n any other reason,he shall call upon the Acting Lord Mayor as hereinbefore swats provided for, to act as Chairman until he/she resumes the chair. 'Very member 4.10.4 Every member, upon rising to speak to any question,motion or matter shall anal address the `cod Mayor address himself/herself to the Lord Mayor. two or more 4.10.5 When two or more members arise to speak at the same moment, the Lord weaken at one IMO Mayor shall name the member who shall speak first. no member to 4.10.6 When the Lord Mayor is putting a question or motion, no member may Maw seal or make „ a 9 leave his/her place or make any noise or disturbance when the Lord Mayor is speaking. pr not to 4.10.7 No member shall interrupt a member who has the floor except to raise a point of order, to ask a question of privilege or to ask a question of quorum. Page 10 - Procedural By-law whenorder raised point of 4.10.8 When a point of order is raised or when a member is called to order from the chair, he/she shall immediately sit down and shall remain seated until the Lord Mayor shall have stated and decided the point of order and then, on that question, shall address the chair only for the purpose of appealing to the Lord Mayor from a ruling of the Chairman of the Committee of the Whole or to the Council from a ruling of the Lord Mayor or on the question or motion before the Council; and the Council, if appealed to, shall decide the matter without debate; if there be no appeal the ruling of the Lord Mayor shall be final. rules for 4.10.9 No member or person addressing Council shall: addressing Cound 1) use offensive words against the Council or any member thereof; 2) speak beside the question or motion in debate; 3) reflect upon the vote of the Council except for the purpose of moving that such vote be rescinded; 4) refuse to obey the rules of the Council, or r 5) disobey a decision of the Lord Mayor on questions of order or - practice; and in the case of any member or person addressing a Council so refusing to obey the rules of Council or shall disobey the decision of the Lord Mayor, he/she shall be ordered by the Lord L. Mayor to leave the Council meeting and may be summarily ejected provided that if ample apology is made by the offender,he/she may be permitted by a majority vote of those members of the Council present forthwith to resume his seat or to resume his address to Council as the case may be. C.. request tor 4.10.10 Any member at any time during debate, but not so as to interrupt a L motion to be read Member then speaking, may request that the question, motion or matter under discussion be read. no men'ber to 4.10.11 No member, without leave of the Lord Mayor, shall speak more than once speak more than once to the same question, motion or matter except in explanation of a material part of his speech which may have been misconceived and, in doing so he shall not introduce any new matter. speak may 4.10.12 No member without leave of the Council, shall speak to the same question, week bner than 15 meiw.e motion or matter or in reply for a longer period than fifteen minutes. TOM lec 4.10.13 A member who has made a substantive motion by making an original speak lance motion or moving an amendment, or moving the previous questions, shall be allowed a reply. Page 11 - Procedural By-law �° 4.10.14 When a vote is called for,the members present shall immediately take their member take arae ole respective places and shall remain seated until the Lord Mayor has declared the result of the vote. menibw nd to 4.10.15 The members of the Council shall not leave their respective places upon Maw Beat Wore Lord adjournment until atter the Lord Mayor declares the meeting adjourned. Mayor Mem meeting 'downed no smoking4.10.16 Smoking shall not be permitted in the Council Chamber or Committee Room. no beverages 4.10.17 Consumption of beverages other than non alcoholic refreshments and the consumption of food shall not be permitted in the Council Chambers during the sittings of the Council. Counctt 4.10.18 The meetings of every Council shall be open to the public and no person meetings open pub`` shall be excluded therefrom except for improper conduct. Mayor may 4.10.19 The Lord Mayor may expel or exclude from any meeting any person who expel any person for has been guilty of improper conduct at the meeting. mw°per conduct.Mun. Ad RSO fpt.45 S.55(1).(2) as rn°llons to be 4.11.1 All substantive motions except procedure motions shall be in writing and written and moved and seconded before beingpresented to the chair and when a motion is seconded presented, it shall be read by the Clerk before debate and shall be read again before being put. rnO11on to a r" 4.11.2 After a motion is read by the Clerk, it shall be deemed to be in the poasesaron of round possession of the Council but, with the permission of the Council, may be withdrawn at any time before decision or amendment. order o1 motions 4.11.3 Subject to Article 4.11.4 when a motion is under debate , no other motion shall be received except a motion for the following purposes: 1) to amend it; 2) to postpone it; 3) to refer it to a committee 4) to move the previous question; or 5) to lay on the table, and with the exception of a motion to amend,the above motions need not be in writing. Page 12 - Procedural By-law moon towoum 4.11.4 A motion to adjourn the debate or to adjourn the meeting or resolve the Council into Committee of the Whole shall always be in order except: 1) when a member is speaking 2) when it has been decided that the previous questions shall be put forthwith; 3) when the yeas and the nays have been called for; 4) when members are voting; 5) no second motion to adjourn shall be accepted until such time as some intermediate business shall be dealt with; and shall be put by the Lord Mayor forthwith without debate and need not be put in writing. motion for 4.11.5.1 A motion to move the "previous question" shall be put in the following previous g1es110n words: "That this question now be put" and shall preclude all further amendment of the original motion and shall be put without debate. pfeHoUb 4.11.5.2 If the "previous question" resolved in the affirmative, the original motion -- - questnn _.. n°ao1ve0 n 1"° and any amendments properly made shall be put, forthwith, without — atfirtWNa ' amendment or debate. previous 4.11.5.3 If the "previous question" is resolved in the negative, then the original question resolved n the motion and any amendments made may be further debated and, if proper, .--• - negative amended. no amendment 4.11.5.4 No amendment may be proposed to the motion for the previous question. to previous • question moron to 4.11.6 A motion to postpone shall not be open to debate or amendment and once ' postpone not debatable resolved the matter having been considered shall not be taken up again -� during the same meeting. rnot.on to table 4.11.7 A motion to lay on the table shall not be open to amendment. not debatable motion I°refer 4.11.8 A motion to refer to a committee shall not be open to amendment and shall preclude all amendments of the original motion until it is decided. amendment not 4.11.9 A motion to amend shall be relevant and shall not be in direct opposition to be as °pp°'ai°n main to the main question. qua'lion ono amendment 4.11.10 Only one motion to amend an amendment to the question shall be allowed. to amendment amendments 4.11.11 Amendments to a motion shall be put in the reverse order to that in which voted on n reverse order they are moved an any amendment presented shall be in writing and shall be decided or withdrawn before the main motion is put to a vote. Page 13 - Procedural By-law dwsing a 11o1ion 4.11.12 Whenever a motion under consideration consists of more than one distinct proposition,upon the request of any member,the vote upon each separate proposition, matter or question shall be taken separately. motion to 4.11.13 After a substantive motion has been decided, any member who voted or reconsider at same meeting is deemed to have voted thereon may at any time prior to adjournment of .er.rwve motion passed the meeting at which such substantive motion was decided give notice in writing that he will move at the first meeting held thereafter for reconsideration thereof. 4.11.14 The Council may immediately, upon such notice having been given, vote as to whether or not such notice or reconsideration shall be entertained. ymotion' mug o 4.11.15 After a report is passed or adopted,no motion for a reconsideration thereof t»moved and seconded by shall be introduced during the same meeting, unless it is moved and mentor who voted woh seconded by two members from among those who voted with the majority mapMy that carried the main motion or report. yw 4.11.15.1 If the motion for reconsideration is not made until the next meeting, the woo CounCil must question shall not be reconsidered unless the majority of the whole Council reconsider al .t..a,.m votes therefor. No question shall be reconsidered more than once, nor mee n° shall a vote to reconsider bP reconsidered. no d'swesgn a 4.11.15.2 No discussion of the main question shall be allowed upon an accepted man question n onn motiohoto n notice of reconsideration or upon the motion to reconsider unless and until the Council shall have voted to reconsider the same, but the member who gives the notice may have the privilege of stating his reasons for doing so. 4.11.16 The words"the first meeting held thereafter" in Clause 4.1 1.13 shall mean the first regular meeting of the Council or a meeting called specially to consider the accepted motion of reconsideration of which notice has been given. c01d Mayor to 4.11.17 Whenever the Lord Mayor is of the opinion that a motion is contrary to the Cite Ilotion rules and privileges of the Council,he shall so advise the Council and shall cite without argument or comment the rule applicable thereto. Ultra vices 4.11.18 A motion beyond the jurisdiction of Council (Ultra Vires) shall not be motions received by the Presiding Officer. weabn°' 4.11.19 Whenever any question of privilege arises, it shall be taken into aN°ew consideration immediately.